Ex parte LAURASH et al. - Page 11




          Appeal No. 1999-2063                                                        
          Application No. 08/744,432                                                  


          a whole consistently indicates that the second embodiment                   
          includes an upper panel, a center panel having upper and lower              
          portions, and a lower panel.                                                
               Claims 21-26 are newly presented in this reissue                       
          application and are drawn to a multipurpose tuck label/form                 
          comprising a label ply having a top edge and a bottom edge,                 
          said label ply including a first panel and a second panel                   
          connected along a transverse perforated fold line, and a pair               
          of side panels.  The second panel is further defined in                     
          independent claim 21 as “extending from a top edge of said                  
          second panel at said transverse perforated fold line to a                   
          bottom edge of said second panel at said bottom edge of said                
          label ply.”3  Thus, it is clear that claim 21, as well as                   
          similarly worded claims 22-26, preclude the existence of a                  
          third or lower panel adjacent the lower edge of the second                  
          panel.4                                                                     

               3Independent claims 24, 25 and 26 contain similar                      
          limitations.                                                                
               4This, of course, is precisely what appellants intend.                 
          See paragraph 4 of the reissue declaration, wherein it is                   
          stated that the newly presented claims recite                               
               inter alia, a label ply or a label including two                       
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