Ex Parte Fitzgerald et al - Page 5




          Appeal No. 2004-0348                                                        
          Application No. 09/901,220                                                  


          document container stock.  On this point, we agree with the                 
          examiner that Gillotte discloses, or at least suggests, embedding           
          an RFID tag in some area on the folder.  While the identification           
          receiver 20 of Gillotte may not be identical to the                         
          identification tag used by appellants, we find that it would have           
          been obvious for one of ordinary skill in the art to employ the             
          admittedly known RFID tag disclosed by appellants.                          
               As for separately argued claim 62, we agree with the                   
          examiner that Wiholm discloses such a reinforced double-sided               
          file folder to the extent that the folder, by definition,                   
          includes two sides.  As for claim 63, we find that labeling the             
          container a "file box" fails to distinguish the claimed subject             
          matter over the file folder of Wiholm.  We also concur with the             
          examiner that it would have been obvious for one of ordinary                
          skill in the art to modify the folder of Wiholm in order to hold            
          removable x-ray film.  As noted by the examiner, Gillotte                   
          evidences that it was known in the art to use file folders to               
          store x-ray films and we are persuaded that it would have been              
          obvious for one of ordinary skill in the art to eliminate the               
          gluing taught by Wiholm when permanently securing the documents             
          is not desirable.  It is well settled that it is a matter of                



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