Appeal No. 1998-0483
Application No. 08/543,840
relaxed condition,
said leading and trailing edge of said segment being
detached from one another or secured together only by
adhesive.
It is the appellant's view that article claims 7 through
9 avoid the 35 U.S.C. § 103 rejection over Dickey in view of
Herdzina for the same reasons as expressed with respect to the
method claims, e.g., that Herdzina does not provide a
satisfactory teaching of applying a stretched label as
prescribed in appellant's method claims (brief, page 7).
We observe that Herdzina discloses that cans are first
heated for accepting labels to be adhered thereto by a heat
activated adhesive on the labels (col. 3, lines 28-33). As
noted above, the labels may be applied to the cans while
stretching the labels, resulting in a stretched label being
affixed to each can.
However, although in the Herdzina process the label is
stretched when being applied to the can, rather than prior
thereto, in each case the resulting article would be a labeled
can which satisfies the limitations of the appellant's claim
7. The limitations of claims 8 and 9 are also disclosed by
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