Appeal No. 2004-1586
Application No. 10/132,863
promotional materials as its card 18. See column 1, lines 6-8
and column 3, line 39. Although the appellant acknowledges that
these marketing panels, advertising sheets or promotional
materials are capable of being punched as indicated supra, the
examiner recognizes that Kasprzycki does not specifically mention
that they are used with a hole punching device.
To remedy this deficiency, the examiner relies on the
disclosure of Edge or Sports Pub. We find that Edge and Sports
Pub disclose rectangular business bonus cards used for
marketing, promotional and/or advertising purposes. See Edge,
column 1, lines 9-12, column 2, lines 7-9 and column 3, line 39,
and Sports Pub’s card. We find that Edge and Sports Pub disclose
that these cards have a plurality of sub-sections having printed
indicia. See, e.g., Edge, column 2, lines 28-34 and Sports Pub’s
card. We find that Edge and Sports Pub either explicitly or
implicitly teach punching out the indicia in the sub-sections of
these cards by employees of business entities upon transacting
business by customers. See Edge, column 3, lines 3-25 and the
examiner’s undisputed finding relating to Sports Pub at page 6 of
the Answer. It can be inferred from column 3, lines 3-25 of Edge
and the number of unique punched holes in the lunch card
illustrated in Sports Pub that these cards are returned to the
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