Ex parte SCHWEITZER et al. - Page 13




          Appeal No. 1997-4389                                      Page 13           
          Application No. 08/546,925                                                  


          Claims 12 and 13                                                            
               The appellants argue (brief, p. 13) that the applied                   
          prior art does not suggest the claimed subject matter of                    
          claims 12 and 13.  Specifically, the appellants argue that                  
          Smith does not teach or suggest the claimed hub mounted for                 
          rotation and having a contact area with the core in excess of               
          50% of the area of the core of the supply of linerless labels.              
          We agree.                                                                   


               Claims 12 and 13 require the linerless label dispenser to              
          include a hub mounted for rotation and having a contact area                
          with the core in excess of 50% of the area of the core of the               
          supply of linerless labels.  It is clear from our review of                 
          the applied prior art that these limitations are not suggested              
          by the applied prior art.  While the examiner found (answer,                
          p. 15) that Smith teaches a hub made of parts 10, 12, 14                    
          having a contact area with the core in excess of 50% of the                 
          area of the core, we fail to find that teaching in Smith.  In               
          fact, Smith teaches that his tape roll includes core segments               
          10, 12, and 14.  Thus, segments 10, 12, and 14 are the core of              
          the tape roll.  Our review of Smith reveals that Smith                      







Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007