Ex Parte SPINA - Page 3




           Appeal No. 2003-0059                                                                     
           Application 09/238,553                                                                   


           whereby said label can be first separate from said backing web                           
           and then applied to articles, and thereafter removed from said                           
           articles leaving said adhesive layer and said third coating layer                        
           on said articles.                                                                        
                                         THE REFERENCES                                             
           Eckberg et al. (Eckberg)         5,369,205         Nov. 29, 1994                         
           Freedman (Freedman ‘165)         5,914,165         Jun. 22, 1999                         
           (filed Jul. 29, 1996)                                                                    
                                          THE REJECTION                                             
                 Claims 1-12 stand rejected under 35 U.S.C. § 103 as being                          
           unpatentable over Freedman ‘165 in view of Eckberg.                                      
                                             OPINION                                                
                 We reverse the aforementioned rejection.                                           
                 Freedman ‘165 discloses a peelable label comprising, in                            
           order, an optional release liner (the appellant’s backing web), a                        
           pressure sensitive adhesive (14), a first polymeric layer (11)                           
           (preferably polyethylene) and a second polymeric layer (12)                              
           (preferably polypropylene) which is dissimilar to the first                              
           polymeric layer (col. 3, lines 1-3, 13-14, 41-42, 47-48 and 53-                          
           54).  “The films [layers 11 and 12] adhere to each other to a                            
           sufficiently high degree to withstand the maximum separation                             
           forces imposed as the labels are processed.  However, the films                          
           adhere to each other to a sufficiently low degree to allow them                          
           to cleanly and readily separate from each other under the                                

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