Ex parte HOLT - Page 2




          Appeal No. 95-1859                                                           
          Application 08/055,100                                                       

               The appeal is from a decision of the Primary Examiner                   
          rejecting claims 1-4 under 35 U.S.C. § 103 over the prior art.               
          We reverse, make a new ground of rejection of claim 3 under                  
          37 CFR § 1.196(b) and make a recommendation under 37 CFR                     
          § 1.196(c).                                                                  


               The subject matter on appeal relates to a process to                    
          achieve printing of a non-barrier-layer, peel-off, adhesive                  
          label with a liquid ink having a mineral oil vehicle.  The                   
          method is said to result in a label that avoids the expense                  
          and added bulk of a barrier layer because the microporous                    
          print-receiving label is said to prevent the mineral oil                     
          vehicle from reaching the adhesive layer (specification, page                
          2, lines 7-9; page 3, lines 15-19).                                          

               A.   Interpretation of the scope of the claims                          
               Prior to evaluating the prior art applied by the                        
          examiner, as well as other art which we found on our own, we                 
          believe it is appropriate to determine the precise scope of                  
          the claims on appeal.                                                        
               Interpretation of a claim is a question of law.  Based on               
          our evaluation of the claims, when considered in light of                    
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