Ex Parte SCHEUBER et al - Page 10




         Appeal No. 2002-2125                                                       
         Application No. 09/078,914                                                 
         products are in synchronization, and a total redesign of Doane             
         would be required to print after the labels are applied.  (Appeal          
         Brief, page 9, lines 23-35).                                               
              We note that, in justifying the combination of reference              
         teachings in support of a rejection, it is not necessary to show           
         that a composition or device described in one reference can be             
         physically inserted into the composition or device described in            
         the other.  Cf. In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881         
         (CCPA 1981)("The test for obviousness is not whether the features          
         of a secondary reference may be bodily incorporated into the               
         structure of the primary reference ..... Rather, the test is what          
         the combined teachings of the references would have suggested to           
         those of ordinary skill in the art.").                                     
              As above, we note that imbricated or individual transfer are          
         closely related, as evidenced by Jackson’s feeder stream of                
         imbricated articles.  Again, we are not persuaded by this                  
         argument.                                                                  
              We agree that Doane’s disclosure does not disclose a printer          
         after the labels are applied.  However, we are not persuaded by            
         the unsupported conclusion that Jackson’s printer could not be             
         included without a total redesign of Doane.  There is no evidence          
         of record that a printing head could not be incorporated into              
         Doane, merely attorney argument, which is not evidence.   It is            

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