Appeal No. 2004-0185
Application No. 09/923,016
adherence means," it is not necessary that Sternberg teaches or
suggests such usage for the combination (sentence bridging
pages 9 and 10 of Brief). This is because the claims on appeal
are not directed to any use of the combination of postal stamp
and sticker but, rather, are directed to the combination itself.
All that is required is that the combination of Sternberg be
capable of folding over and adhering a foldable flyer, and
appellant has proffered no argument, let alone evidence, to
refute the examiner's reasonable conclusion that the combination
stamp/sticker of Sternberg possesses such capability. While
appellant submits that the combination of Sternberg "is a
somewhat different structure" than the claimed combination,
appellant fails to articulate any specific distinction in
structure (page 10 of Brief, first paragraph).
In conclusion, based on the foregoing and the reasons set
forth by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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