Appeal No. 2006-2216
Application No. 09/741,038
Examiner has failed to set forth a prima facie case of
obviousness, we cannot sustain the 35 U.S.C. § 103 rejection of
claims 1, 16 and 31-33, as well as claims 2-12 and 17-27
dependent thereon, over Gusack and Douglas.
Turning now to the rejection of the remaining claims, we
note that unlike, claim 1, claims 13 and 28 do not require any
more than one category of information. As set forth by the
Examiner, the virtual journal of Gusack includes section tabs
represented on one or more side edges of the journal which
graphically convey the concept of the section headings of a book.
Regrading claim 13, we also note that the images of the section
tabs do represent a metaphorical relationship to the content of
the virtual book as tabs denote a label for a chapter or section.
Thus, we find the position of the Examiner with respect to the
rejection of claims 13-15 and 28-30 to be reasonable and will
sustain the 35 U.S.C. § 103 rejection over Gusack and Douglas.
CONCLUSION
In view of the foregoing, the decision of the Examiner
rejecting claims 1-12, 16-27 and 31-33 under 35 U.S.C. § 103 is
reversed, but is affirmed with respect to rejecting claims 13-15
and 28-30.
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