Appeal No. 95-1859
Application 08/055,100
the surface [of the TESLINŽ film] to root into the structure"
(page 3); (5) says that TESLINŽ film can be used in laminates
(page 10) and (6) says that TESLINŽ film is sold inter alia in
standard gauges of 8 mil (page 4) (note claim 4 requires a
thickness on the order of magnitude of 0.008 of an inch
thick). The brochure also states, however, that TESLINŽ film
"requires a special ink" (page 1), but no particular special
ink is described in the brochure. The brochure does not
describe the three-layer label configuration required to be
used in the process defined by applicant's claim 1. Nor does
the brochure describe the use of an ink or toner containing
mineral oil as a vehicle, although ink containing mineral oil
as a vehicle is old. See Carley, col. 5, lines 10-13 and
Kirk-Othmer, Encyclopedia of Chemical Technology, Vol. 11,
pages 611-620 (2d ed. 1966), particularly page 616 wherein it
is said that letterpress inks contain mineral oil.
The problem with the examiner's rejection is that it is
not supported by the evidence. The examiner has not
established that the three-layer label laminate used in the
process defined by claim 1 is old. Nor has the examiner
established that it would have been obvious to use a mineral
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