Ex parte PETKOVSEK - Page 5




          Appeal No. 2000-0107                                                        
          Application 08/905,072                                                      


               Claims 1 and 9 further recite that the plurality of                    
          labels is                                                                   
               removably secured to the backer wherein each of the                    
               plurality of labels is formed in only a single row                     
               and each of the plurality of labels has a width                        
               defining a maximum width in the single row                             
          Appellant argues that Petkovsek and/or Walz do not teach or                 
          suggest this feature, while the examiner asserts (answer, page              
          5):                                                                         
               One with ordinary skill in the art could easily form                   
               a continuous assembly as taught by Walz '210, where                    
               the mailing and/or auxiliary portions could be                         
               formed in a single or a plurality of rows as                           
               necessary.  The exact configuration of the mailing                     
               and auxiliary portions on the continuous assembly as                   
               taught by Walz '210 would depend on factors such as                    
               the size of the mailing label needed for a specific                    
               type of article to be mailed and the type of                           
               information needed to be printed on the label                          
               assembly, all of which could be easily determined by                   
               one with ordinary skill in the art.                                    
          We do not agree with the examiner. In the first phase,                      
          sections 14, 14  of the Petkovsek label (the return receipt'                                                            
          card sections) are not detachable from the backer, but rather               
          Petkovsek specifically omits the silicone layer 56, 56 from'                     
          those areas (see Fig. 7) so that the cards 14, 14' will                     
          consist of the backer and front and back layers 14 or 14'                   


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