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            COMMISSIONER'S DECISION

 

OBVIOUSNESS; Anticipation; Sec. 28 & 43 - CREDIT CARD BILLFOLD

 

It was concluded that the art cited related to a different invention than

applicants invention but other uncited art should be applied. The

rejection was withdrawn, and the application returned to the examiner

to consider the other art.

 

Final Action: Withdrawn

 

    ***********

 

Patent application 246898 (Class 215-51), was filed on March 2, 1976

for an invention entitled "Credit Card Billfold And A Flexible Card

Protecting Flap." The inventor is John F. Reis, assignor to Amity

Leather Products Co. The Examiner in charge of the application took

a Final Action on January 16, 1978 refusing to allow it to proceed to

patent. In reviewing the rejection, the Patent Appeal Board held a

Hearing on Sept. 5, 1979 and at which the Applicant was represented by

Mr. A.R. Campbell.

 

The subject matter of this application relates to a billfold or wallet

for carrying credit cards in shingled relationship, with a transparent

flexible flap member covering the cards to protect them. Figure 1 of

the application illustrates what is involved.

 

(see formula I)

 

In the Final Action the Examiner cited U.S. patent 3,856,063 - December

24, 1974 to Dengel as one of the primary references. Section 28(2) of

the Patent Act was applied using the filing date of Dengel which is

April 2, 1973. Amity Leather Products Co. owns both the Dengel United

States patent and this application.

 

At the Hearing Mr. Campbell argued that Dengel is not citable under

Section 28 or 43 of the Patent Act since it is directed to a different

invention, and does not anticipate what is claimed.

 

We agree that the subject matter claimed is not anticipated by Dengel,

since Dengel does not include the protective flap. The other references

cited, in particular United States 2,886,907 to Stephenson do show

protective flaps, but not in foldable billfolds. We have subsequently

found, however, that the shingle stacking feature in wallets is known as displayed

in United States patents 3,659,640 of May 12, 1972 and 3,777,795 dated

December 11, 1973. fe believe that these additional references should be

considered before final disposition of the matter.

 

Consequently we recommend that decision in the Final Action to reject the

application be withdrawn, and the application be returned to the Examiner

to assess the pertinency of these and any other references that should

be considered.

 

G.A. Ashen                          S.D. Kot

Chairman                            Member

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and I concur with

the recommendations of the Patent Appeal Board. Accordingly I withdraw

the Final Action and the application is being returned to the Examiner

for resumption of prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

this 19th. day of November, 1979

 

Agent for Applicant

 

Smart & Biggar

Box 2999, Station D

Ottawa, Ont.

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