Ex Parte JULIAN - Page 2




            Appeal No. 2000-0266                                                                       
            Application No. 08/762,973                                                                 


                        (a) wherein said front sheet and said back sheet are                           
            bonded together on a left side, a top, and right side by impact                            
            bonding to form said pocket covering;                                                      
                        (b) wherein said pocket covering has an insertion point                        
            wider than a narrower telephone handset holding zone width;                                
                        (c) wherein said pocket covering has a slit on at                              
            least one of said sides, said slit extending from said insertion                           
            point to said narrower telephone handset holding zone width; and                           
                        (d) further comprising printed indicia means on at                             
            least said front sheet for indicating the nature of the intended                           
            use and instructions for the method of use of said article.                                

                  The references relied on by the examiner are:                                        
            Lo et al. (Lo)                      5,054,063               Oct. 1, 1991                   
            Vigal                               0 484 267 A1            May 6,  1992                   
            (European Patent Application)                                                              
                  Claims 1 through 20 stand rejected under 35 U.S.C. § 103(a)                          
            as being unpatentable over Vigal in view of Lo.                                            
                  Reference is made to the briefs (paper numbers 11 and 13)                            
            and the answers (paper numbers 12 and 14) for the respective                               
            positions of the appellant and the examiner.                                               
                                               OPINION                                                 
                  In view of the examiner’s reasoning (answer, pages 4 through                         
            10; supplemental answer, page 2), we will sustain the obviousness                          
            rejection of claims 1, 2 and 13 through 15.  On the other hand,                            
            we will reverse the obviousness rejection of claims 3 through                              
            12 and 16 through 20 because we agree with the appellant’s                                 

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