Appeal No. 2001-1301
Application 08/867,949
periphery of the film behind the opaque border. The strips
cooperate to selectively attach the film to the board with a
document affixed therebetween.
The film component of the Easyboard product constitutes a
display frame meeting all of the limitations in the appealed
claims except for the one in independent claim 39 requiring the
attachment means to be capable of selectively engaging the fabric
of a fabric covered surface and the one in dependent claim 43
further defining the attachment means as comprising hook-type
fasteners. As indicated above, the attachment means on the
Easyboard film are loop-type fasteners. The record is devoid of
any evidence that these loop-type fasteners are capable of
selectively engaging a fabric, or that the hook-type fasteners
which they do selectively engage comprise a fabric as urged by
the examiner (see pages 5 and 6 in the answer).
The appellant’s arguments that the Easyboard product is
further deficient with respect to the subject matter claimed
because (1) it is not used in combination with a fabric covered
wall, (2) it is a two-piece holder which does not meet the
“unitary” limitations in claims 39 and 40 or the “flexible”
limitation in claim 40, and (3) its attachment means has four
sections rather than “three” as recited in claim 43 are
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