Ex parte LANGAN - Page 5




              Appeal No. 96-1211                                                                                          
              Application 08/173,083                                                                                      


              The examiner agreed with these groupings (Examiner’s Answer, page 2).                                       
              1.  Group I                                                                                                 
                     Claim 13 is representative of this group.  Accordingly, the patentability of the                     
              remaining claims in this group stands or falls with claim 13.                                               
                     Bane teaches a method of making an assembly of linerless labels which comprise                       
              forming a linerless label web, printing indicia (17) on a first face of a web of label stock and            
              coating the first face with a release material (24).  The second face of the web is coated                  
                                                 2                                                                        
              with a repositional adhesive (18).   The labels are provided in an assembly form in which                   
              the plurality of labels are readily releasably connected to each other in shingled                          
              configuration in roll form as shown in Figure 1.  Bane differs from the subject matter of                   
              claim 13 in two significant aspects.  First, Bane does not specify how the labels in the                    
              shingled roll were cut.  Second, the labels as illustrated in the drawings of Bane are                      
              quadrate rather than non-quadrate.                                                                          
              As to the first difference, we note that the shingled labels in the roll illustrated in Figure              
              1 are precut.  However, the disclosure of Bane does not indicate which technique was                        
              used to precut the labels.  The examiner relies upon Lacy as evidence that the labels were                  
              conventionally precut from stock sheet using a die prior to the present invention.  See, e.g.,              


                     2 The repositional adhesive (18) of Bane corresponds to the pressure sensitive                       
              adhesive on the second face of the claimed label.  See page 4, lines 29-30 of the                           
              supporting specification (Pressure sensitive adhesive may be a repositional adhesive).                      
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