Appeal No. 96-1211
Application 08/173,083
column 1, lines 29-40. To implement the teachings of Bane, one would obviously have to
select a cutting method. In so doing, one would typically choose a method which has
previously been used in precutting labels from a stock supply. Lacy indicates that die
cutting is one such conventional method. On this basis, we find no error in the examiner’s
conclusion that one of ordinary skill in the art would have found it obvious, in implementing
the teachings of Bane, to precut the labels of Bane using a die cutting method as
suggested by Lacy. Appellant does not dispute this portion of the examiner’s case. See
the paragraph bridging pages 6-7 of the Appeal Brief.
Rather, the main issue in this appeal concerns the second difference identified
above. As mentioned, the labels illustrated in Bane are quadrate. Claim 13 requires non-
quadrate labels. In order to make up or account for this difference, the examiner relies
upon Lane.
Lane describes and illustrates precut stacked or shingled labels which may be
quadrate (Figs. 4 and 5) or non-quadrate (Figs. 6 and 7). Lane provides evidence of a
fact of which most would readily admit: prior to the present invention, labels came in many
sizes and shapes, including quadrate and non-quadrate. The disclosure of Bane places
no limit on the shape of the labels which can be produced by using the teachings of that
reference. We view the illustration of quadrate labels in the figures of Bane as exemplary
only and not limiting in any sense. The precise shape of a label depends upon many
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