Appeal No. 2004-0185
Application No. 09/923,016
ourselves in full agreement with the examiner that the claimed
subject matter is unpatentable over the cited prior art.
Accordingly, we will sustain the examiner's rejections for
essentially those reasons expressed in the Answer, and we add the
following primarily for emphasis.
We fully concur with the examiner that Sternberg describes
the claimed combination of a postal stamp and sticker within the
meaning of § 102. The figures of Sternberg clearly depict a
combination of a postal stamp and sticker being foldably
connected along contiguous edges with the foldable sticker
portion being imprinted with indicia. Although Sternberg, as
appreciated by the examiner, does not disclose that the
combination of postal stamp and sticker is used to retain a flyer
or envelope in closure during mailing, we agree with the examiner
that the reference combination is "capable of folding over for
adhering the foldable flyer into closure during mailing," as
required by the appealed claims (emphasis added). While
appellant makes the argument that "[i]t does not appear that
Sternberg suggests the usage of his device for holding any type
of flyer in closure, in fact, the envelope to which Sternberg is
applied, will readily be sealed into closure, through its own
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