Ex Parte Bertrand - Page 3




          Appeal No. 2004-1218                                                        
          Application No. 09/956,195                                                  


               The claims on appeal stand rejected under 35 U.S.C. § 103(a)           
          as unpatentable over Morse, for the reasons set forth in the final          
          Office action dated Nov. 1, 2002 (Paper No. 6), with evidentiary            
          support from Chapman and Conville (Answer, page 3).  We affirm this         
          rejection essentially for the reasons stated in the final Office            
          action, the Answer, and those reasons set forth below.                      
           OPINION                                                                    
               The examiner finds that Morse discloses a card viewer having a         
          rectangular reflective surface 3 with a transparent plastic top             
          wall 16, corresponding to the claimed easel portion, mounted at an          
          acute angle (30°) with respect to the reflective surface (Answer,           
          page 3, citing the final Office action (Paper No. 6), which itself          
          refers to the first Office action of Paper No. 4).  The examiner            
          recognizes that Morse does not explicitly disclose that his card            
          holder is collapsible or may be disassembled (Paper No. 6, page             
          2).1  However, the examiner concludes that it would have been               
          obvious to one of ordinary skill in this art to disassemble the             

               1The examiner has not presented any analysis of the                    
          “assembly means” as a  “means plus function” under 35 U.S.C.                
          § 112, ¶6 (see Paper Nos. 4 and 6 as well as the Answer).  See              
          Al-Site Corp. v. VSI Int’l Inc., 174 F.3d 1308, 1318, 50 USPQ2d             
          1161, 1166 (Fed. Cir. 1999).  However, appellant has not                    
          presented any argument that Morse fails to disclose or suggest              
          this claimed limitation (see the Brief and Reply Brief in their             
          entirety).                                                                  
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