Ex parte HAMISCH - Page 3




          Appeal No. 1996-3198                                       Page 3           
          Application No. 08/371,642                                                  


          elastomeric member being receivable against the palm of the                 
          user’s hand for helping to absorb the impact on the user’s palm             
          resulting from use of the labeler.                                          
               11. Method of making a hand-held labeler, comprising the               
          steps of: providing a housing having a manually graspable                   
          handle, the handle having a pair of handle sections, means on               
          the housing for mounting a label supply roll of a composite web             
          having labels releasably adhered to a carrier web, a platen, a              
          print head cooperable with the platen for printing on the                   
          labels, means for delaminating printed labels from the carrier              
          web, means for applying printed labels, means for advancing the             
          composite web to peel a printed label from the carrier web and              
          advance the printed label into label applying relationship with             
          the label applying means and to advance another label into the              
          printing position, wherein, the advancing means includes an                 
          operating lever disposed at the handle and engageable by the                
          user’s fingers, wherein the handle includes a substantially                 
          rigid handle member, and molding elastomeric material onto the              
          handle.                                                                     
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Bronson                       1,934,256                Nov. 07,             
          1933                                                                        
          Hamisch, Jr. (Hamisch)        4,116,747                Sep. 26,             
          1978                                                                        
          Araujo et al. (Araujo)        5,403,430                Apr. 04,             
          1995                                                                        
                                                  (Filed Jan. 14, 1994)               

               Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Hamisch in view of Araujo.  Claims 5-12             
          stand rejected under 35 U.S.C. § 103 as being unpatentable over             
          Hamisch in view of Araujo and further in view of Bronson.                   







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