Ex Parte Castillo et al - Page 4




          Appeal No. 2003-0156                                                         
          Application 09/607,996                                                       

                                      DISCUSSION                                       
               Bachrach, the examiner’s primary reference, discloses a                 
          notebook binder 36 comprising front and back covers 34 and 25, a             
          ring binder 28, 30 for holding papers between the covers, a clear            
          vinyl sheet 44 sealed on three peripheral sides to the front                 
          cover and open at the top to define a pocket, and a series of                
          graphically imprinted sheets 48, 50 sized for insertion into the             
          pocket.  According to Bachrach, the user may write on the clear              
          vinyl sheet 44 with a marker (see column 3, lines 60 through 62).            
               As conceded by the examiner (see page 3 in the answer),                 
          Bachrach does not respond to the limitations in the appellants’              
          independent claims calling for an ink receptive layer.  As                   
          indicated above, independent claim 1 requires the transparent                
          plastic sheet to be provided with an ink receptive layer                     
          comprising a porous pigment dispersed in or mixed with a binder              
          including a water soluble polymer, and independent claim 10                  
          requires the plastic sheet to be provided with a layer which is              
          receptive to water based inks, solvent based inks and gel inks               
          and substantially water-fast after drying of the ink.  Similarly,            
          independent claim 5 requires a transparent sheet provided with a             
          layer which is receptive to water based inks, solvent based inks             
          and gel based inks and substantially water-fast after drying of              
          the ink, independent claim 12 requires a cover bearing an ink                


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