Ex parte KUBITZ - Page 22




          Appeal No. 97-2116                                                          
          Application 07/789,802                                                      


          the sleeve into contact with the container “to tack the sleeve              
          against the container mid-body portion during continuing                    
          rotation of container and sleeve” (column 5, lines 53-55).                  
          Such tacking “effect[s] heat-shrinkage of the extensive                     
          central region” (column 5, lines 57-58).  Then, as shown in                 
          Figure 9, heat is applied to the upper and lower extremities                
          of the sleeve to cause the sleeve to contract around the heel               
          and frusto-conical neck regions of the container to achieve                 
          the final product.  Heckman states that “[t]he sleeve 20a when              
          heat shrunk in this manner is wrinkle-free and smoothly                     
          adhered to the container surface therebeneath is [sic, in]                  
          snug conforming relation as shown in Fig. 10” (column 5, line               
          66 through column 6, line 2; emphasis added).                               
               We agree with the examiner that Heckman’s disclosure that              
          the sleeve is heat shrunk to the container over substantially               
          the full extent of the container so as to be in snug                        
          conforming relation with the container surface provides a                   
          reasonable basis for concluding that Heckman’s sleeve will                  
          inherently function, at least to some degree, to squeeze the                
          container to increase its axial strength.  See In re                        


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