Ex parte LANGAN - Page 9




              Appeal No. 96-1211                                                                                          
              Application 08/173,083                                                                                      


              which a portion of adhesive (18) engages release agent (24).  This is seen in that area                     
              (26) must be sufficient so that strips (19) and (22) do not engage when the labels are                      
              shingled.  See column 3, lines 37-49 of Bane.                                                               
                     The rejection of claims 15, 18, and 22 is affirmed.                                                  
              3.  Group 3                                                                                                 
              Claim 16 is representative of this group and requires the additional limitation that step                   
              c) is further practiced by taking the shingled layers up in a roll.  Appellant argues that the              
              teaching of Lane is contrary to what is recited in claim 16  (Appeal Brief, Paragraph                       
              bridging pages 9-10).  However, Bane, not Lane, expressly teaches that the labels can be                    
              taken up in roll form.  See Figure 1.   We find no error in the examiner’s conclusion that the              
              subject matter of claim 16 would have been obvious to one of ordinary skill in the art.                     
                     The rejection of claims 16 and 23 is affirmed.                                                       
              4.  Group 4                                                                                                 
              Claim 17 is representative of this group and requires that step b) is practiced to                          
              provide a plurality of label stock ties connecting each label to surrounding matrix material                
              of the web or another label.  As set forth above, the examiner agreed with appellant’s                      
              grouping of the claims.   Appellant correctly points out that the final rejection did not                   
              discuss the specific limitations of claim 17.  Nor does the Examiner’s Answer.  By statute                  
              this Board serves as a Board of review, not as a de novo examining tribunal.  35 U.S.C. §                   


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