Appeal No. 96-1211
Application 08/173,083
factors, both functional and aesthetic. In view of the evidence provided by Lane, we agree
with the examiner that one of ordinary skill in that art would have found it obvious to use the
method of Bane to produce non-quadrate labels.
Appellant argues at page 6 of the Appeal Brief that “Certainly, if the Bane labels
were cut to be non-quadrate they would be destroyed, all or most of the adhesive strip and
release stripping cut off.” In making this argument, appellant is referring to adhesive strip
(19) and release strip (22) of Bane. These strips are in addition to the adhesive and
release coatings identified above which correspond to those required by claim 13 on
appeal. As we understand appellant’s position in this regard, it appears to be that one of
ordinary skill in the art would need to take the quadrate label of Bane as illustrated in Figs.
2 and 3 and die cut a non-quadrate label therefrom. In so doing, we understand appellant
to be arguing that the resulting non-quadrate label would not necessarily retain sufficient of
strips (19) and (22) so that they would be capable of performing their disclosed function. If
this is appellant’s position, it misapprehends the basis of the examiner’s rejection and is
premised upon a too narrow reading of the prior art.
Having decided to produce a non-quadrate label using the teachings of Bane as
suggested by Lane, one of ordinary skill in the art would have produced a roll of precut,
non-quadrate labels in the form illustrated in Fig. 1 of Bane for quadrate labels. In so
doing, it is quite clear that the precise shape and area encompassed by strips (19) and
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