Ex parte HOLT - Page 5




          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 TESLINŽ 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 TESLINŽ                     
          product brochure (1) describes the use of a film material                    
          which has the characteristics of applicant's print-receiving                 
          layer; (2) says that TESLINŽ film "is great for *** Labels"                  
          (page 1); (3) says that TESLINŽ film "allows inks to set                     
          almost instantly" (page 2); (4) says that inks "will penetrate               
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