Appeal No. 2000-0304 Page 7
Application No. 08/778,688
The appellant argues that there is no teaching for
utilizing non-highly calendered liner material in Stewart.
In regard to the recitation in both independent claims 1 and
14 of a liner material having a non-highly calendered texture,
the examiner states:
Stewart does not disclose a liner material
having a non-highly calendered texture. It
would have been obvious to one having
ordinary skill in the art at the time the
invention was made to have provided the
label of Stewart with a non-highly
calendered liner, since calendering is a
well known process in the label art, and it
would have been within the level of
ordinary skill in the art to have provided
a liner with an amount of calendering
suitable for its end use. [Examiner’s
answer at page 4].
However, there is no disclosure in Stewart about the need
for non-highly calendered liner material. In fact, the
Stewart reference does not mention calendering of the liner at
all. There is no evidence that the end use of the liner in
the Stewart reference would require non-highly calendered
liner material. As such, in our view, there is no suggestion
to utilize non-highly calendered liner material in Stewart.
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