Ex parte KESSLER - Page 6




         Appeal No. 1998-2418                                                    
         Application No. 08/686,883                                              


         30, 37 and 38 as being unpatentable over appellant's disclosed          
         prior art in view of Jones.                                             
              An understanding of the invention can be derived from a            
         reading of exemplary claim 11 which appears in the appendix to          
         the appellant's brief.                                                  
              Appellant's disclosure of the prior art (at pages 1 and 2          
         of the specification) provides, in effect, that side by side            
         label rolls may be shrink wrapped with an ink roller in a               
         package disposed in the central tubular opening of the rolls.           
         A prior art ink roller with one type of prior art package is            
         shown in appellant's figures 8 and 9.                                   
              Directing our attention to claim 11, appellant stresses            
         the shrink wrap has a "dual function of holding the rolls 11            
         and the ink roller container in tact . . . and of closing or            
         sealing off the container 19 and the roller which it houses"            
         (brief, page 11).  The examiner counters that "[i]t would have          
         been obvious to one having ordinary skill in the art to                 
         eliminate the removable cover from the ink roller container"            
         (answer, page 7).  The examiner is suggesting that cover 32 in          
         Jones may be eliminated.  However, even assuming that the               
         examiner is correct, this would not have provided the dual              
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