Appeal No. 96-0031
Application No. 08/078,918
Encyclopedia Of Chemical Technology, Volume 16, "NOISE POLLUTION
TO PERFUMES", published 1981 by John Wiley & Sons (NY), pp. 785-792.
Appellant's claimed invention is directed to a stack of cut sheet linerless labels
wherein each label comprises a substrate having opposing first and second faces. A
pressure sensitive adhesive substantially covers the first face of the substrate, while a
release coat substantially covers the second face of the substrate.
Appealed claims 1, 6, 7, 10 and 14 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Keeling. Claims 1, 4, 5, 6, 10, and 12 stand rejected under 35
U.S.C. § 102(b) as being anticipated by Fickenscher. Claims 1, 6-10, 13 and 14 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Keeling, while claims 1, 4-6, 8-
10, 12 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Fickenscher. In addition, claims 2, 3, and 11 stand rejected under U.S.C. § 103 as being
unpatentable over either Keeling or Fickenscher in view of Encyclopedia Of Chemical
Technology.
At the outset, we must formally reverse the examiner's rejections of claims 2-5 and
11-14 inasmuch as we find that one of ordinary skill in the art could not reasonably
ascertain the scope of these claims. In re Steele, 305 F.2d 859, 862, 134 USPQ 292, 295
(CCPA 1962). In our view, claims 2-5 and 11-14 are indefinite since they do not
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