Ex parte HOLT - Page 7




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

          oil-containing ink to print on the three-layer label laminate                
          called for by applicant's claim 1.                                           
               Independent of the examination conducted by the examiner,               
          we have found that the film used to make applicant's print-                  
          receiving layer is old.  See Young, U.S. Patent 4,861,644.                   
          Young tells us that letterpress printing may be used to                      
          accomplish printing on a print-receiving layer (col. 11, lines               
          33-39).  Kirk-Othmer further tells us that letterpress                       
          newsprint inks are based mainly on mineral oil (page 616,                    
          fourth paragraph).  But like the product brochure, Young does                
          not describe the three-layer label called for by the process                 
          of claim 1.  We have also found that three-layer labels are                  
          old.  See Beck, U.S. Patent 3,660,203 (1972) (Fig. 2 and col.                
          1, lines 61-66).  However, the print-receiving layer described               
          by Beck is not a TESLINŽ film layer.  More important is the                  
          fact that the brochure, Young, Beck and Kirk-Othmer do not                   
          describe printing with a mineral oil such that the ink does                  
          not come into contact with the adhesive layer, as required by                
          claim 1.  On this record, we conclude that applicant has                     
          discovered a new characteristic for microporous plastics                     



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