Ex parte CHESS - Page 2




                 Appeal No. 2001-1328                                                                                                                   
                 Application 09/079,537                                                                                                                 


                          a first ply having an upper side and an underside and                                                                         
                 having at least one uncovered die cut window opening therein;                                                                          
                          a second ply comprising a label portion and a card stock                                                                      
                 portion adjacent to and detachably secured to said label                                                                               
                 portion, each of said label portion and card stock portion                                                                             
                 having an upper side and an underside, part of said upper side                                                                         
                 of said label portion accessible and visible through said at                                                                           
                 least one first ply uncovered die cut window opening, said                                                                             
                 underside of said label portion being coated with an adhesive,                                                                         
                 wherein said first ply is removably secured to said second                                                                             
                 ply; and                                                                                                                               
                          a third ply comprising a first portion and a second                                                                           
                 portion, each of said third ply first and second portions                                                                              
                 having an upper side coated with a release material, said                                                                              
                 third ply first portion being in register with said second ply                                                                         
                 label portion and removably secured thereto by said adhesive,                                                                          
                 and said third ply second portion being in register with said                                                                          
                 second ply marginal strip portion and removably secured                                                                                
                 thereto by said adhesive.1                                                                                                             
                                                                THE PRIOR ART                                                                           
                          The references relied on by the examiner to support the                                                                       
                 final rejection are:                                                                                                                   
                 Neubauer                       4,729,506           Mar.  8,                                                                            
                 1988                                                                                                                                   
                 Doll et al. (Doll)             5,267,898           Dec.  7,                                                                            
                 1993                                                                                                                                   



                          1In the event of further prosecution, steps should be                                                                         
                 taken to correct the lack of proper antecedent basis for the                                                                           
                 terms “said second ply marginal strip portion” in claim 1 and                                                                          
                 “said uncovered die cut window openings in said first ply” in                                                                          
                 claims 4 and 5.                                                                                                                        
                                                                           2                                                                            




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