Ex parte KUBITZ - Page 15




          Appeal No. 97-2116                                                          
          Application 07/789,802                                                      


          film to containers.  The portion of Hoffman relied upon by the              
          examiner in the rejection is found in the background                        
          discussion at column 1, lines 21-34 and reads:                              
                    Heretofore apparatus and a method have been                       
               provided for applying heat shrink film to                              
               cylindrical containers by a series of steps as                         
               follows:                                                               
               1.   Heat shrink film is formed into a tube slightly                   
                    larger in diameter than the container to which                    
                    it is to be applied.                                              
               2.   The container is preheated or, if the film                        
                    application is carried on in conjunction with                     
                    the manufacture of glass containers, the glass                    
                    containers can be taken from the glass                            
                    manufacturing operation while they are still hot                  
                    or warm.                                                          
               3.   The cylindrical sleeve is placed over the                         
                    container.                                                        
               4.   The sleeve is then heated to shrink it onto the                   
                    container.                                                        
               We are in agreement with the examiner that the practice                
          of this method, especially as it relates to applying a heat                 
          shrink film to glass containers taken from a glass                          
          manufacturing operation, anticipates claim 20.  In particular,              
          we believe the steps of placing a cylindrical tube of heat                  
          shrink material on a container and then heating it to shrink                
          the tube onto the container would inherently apply compressive              
                                         -15-                                         





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