Appeal No. 97-1088
Application 08/518,957
Reference is made to the appellant’s main and reply briefs
(Paper Nos. 18 and 20) and to the examiner’s answer (Paper No.
19) for the respective positions of the appellant and the
examiner with regard to the merits of these rejections.
West discloses a label for containers, bottles or the like
wherein the symbols and/or lettering on the label “are made
pronounced and luminous so as to afford a signal or warning of
the character of the contents of such container, bottle or the
like . . . to prevent a person from mistaking the nature of the
contents, particularly where the same be of a poisonous kind”
(column 1, lines 6 through 12). As described by West,
[t]he label comprises an outer body section 5,
preferably made from sheet material, for example,
celluloid, having transparence and this section has
outstruck therefrom letters 6, these being selective
and in this instance spell the word “Poison” the
character of the letters 6 being of no consequence
excepting that such letters shall be raised from the
outer face of the section 5 and contain within the
hollows 7 of such letters as created by the outstruck
formation thereof a compound 8 of self-luminous
substance or radio active substances, the same being
held in the hollows by a backing 9 in the form of a
sheet of material carrying a coat of black paint 10 the
latter extending over the body section and functioning
to secure the backing to the body section and the label
in its entirety upon the body of the bottle A [column
2, lines 4 through 21].
With regard to the standing 35 U.S.C. § 102(b) rejection of
claims 1, 3, 4, 11 through 13, 19 and 22 through 25, anticipation
-3-
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