Appeal No. 95-1859
Application 08/055,100
6. The claim is directed to a method for making a
printed label which comprises using the ink or toner described
in Paragraph 2 on a three-layer laminated material described
in Paragraphs 3 through 5. The step of the process is
printing.
7. The ink or toner placed on the print-receiving
layer must not come in contact with the adhesive.
B. Discussion
The examiner has rejected claims 1-4 as being
unpatentable under 35 U.S.C. � 103 over a TESLIN� product
brochure and Carley, U.S. Patent 3,790,703 (1974). "The prior
art status of the product brochure is not questioned" (Appeal
Brief, page 4). Carley is prior art under 35 U.S.C. � 102(b).
As noted above, the claims require printing on a three-
layer laminate having specific layers arranged in a particular
manner. We can agree with the examiner that the TESLIN�
product brochure (1) describes the use of a film material
which has the characteristics of applicant's print-receiving
layer; (2) says that TESLIN� film "is great for *** Labels"
(page 1); (3) says that TESLIN� film "allows inks to set
almost instantly" (page 2); (4) says that inks "will penetrate
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