Appeal No. 2006-2560
Application No. 10/315,422
Further, on page 11 of the brief, appellant states that Ranson teaches a book cover that
makes use of an opaque cover sheet. On pages 3 through 5 of the reply brief appellant
provides further arguments to support the conclusion that Ranson teaches using only an
opaque cover sheet. On page 12 of the brief, appellant summarizes the Deschamps
reference as teaching adding or laminating a transparent material over the exterior of
binder/catalog cover designs. Appellant asserts that Deschamps
“does not teach or suggest replacing, substituting or eliminating any
portion of the prior art constructions. The transparent sheet does not
improve and/or add durability to the physical structure of the existing
covers, but rather is a laminate or coating over the existing structure of the
cover.” (emphasis original)
On page 16 of the brief, appellant states that Ranson teaches that the outer sheet conceals
unbleached cardboard and contains artwork to identify the book, thus the sheet can not be
transparent. Based upon appellant’s conclusion that Ranson’s outer sheet can not be
transparent, appellant further concludes that there is no motivation for printing on the
inside sheet.
On pages 6 and 7 of the answer the examiner states:
[T]he Examiner submits that Appellant is clearly twisting the words of the
Ranson reference. Ranson clearly states (on Col. 4, lines 25-27) that the "cover
sheet can comprise any suitable material such as cloth, buckram or
thermoplastic material including a laminated polyester film material. Nowhere in
the Ranson reference does it disclose that the thermoplastic material utilized is
"opaque". Nowhere in the Ranson reference does it state that the cardboard
supports need to be "concealed", or that the cardboard supports are "unbleached".
Appellant seems to be making numerous erroneous assumptions in his arguments.
In fact Ranson states in Col. 4, lines 43-45, that the cardboard supports are made
from cardboard "although other suitable materials could also be utilized ..." The
Examiner further submits that it is well known to those skilled in the art that
"thermoplastic material" as well as the "polyester film" can be transparent. In
support of Examiner's statements of transparency, the examiner uses the Learned
(3,572,767) reference to disclose a book cover made of transparent
thermoplastic/polyester material laminate (Col. 5, lines 39-55 and Col. 6, line 1).
In response to Appellant's argument that since "the artwork must appear
on the exterior surface of the cover sheet to be useful, the printing must be right-
reading", the examiner submits that the Ranson reference clearly states that the
"outer surface of cover sheet (60) will generally include printing ...." As stated in
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