Ex parte HAMISCH - Page 2




          Appeal No. 1996-3198                                       Page 2           
          Application No. 08/371,642                                                  


          indicated as allowable by the examiner (final rejection, page               
          2).                                                                         


                                      BACKGROUND                                      
               The appellant's invention relates to a hand-held labeler               
          having an elastomeric member placed on the handle exterior and              
          a method of making the labeler.  According to appellant, the                
          provision of elastomeric material for the handle helps to                   
          "...prevent slippage..." and "...absorb the impact..." when                 
          using the labeler (specification, pages 1 and 2, carryover                  
          paragraph).  An understanding of the invention can be derived               
          from a reading of exemplary claims 1 and 11, which are                      
          reproduced below.                                                           
               1.   A hand-held labeler, comprising: a housing having a               
          manually graspable handle which subjects the user to impact                 
          during use, means on the housing for mounting a label supply                
          roll of a composite web having labels releasably adhered to a               
          carrier web,  a platen, a print head cooperable with the platen             
          for printing on the labels, means for delaminating printed                  
          labels from the carrier web, means for applying printed labels,             
          means for advancing the composite web to peel a printed label               
          from the carrier web and advance the printed label into label               
          applying relationship with label applying means and to advance              
          another label into the printing position, wherein the advancing             
          means includes an operating lever disposed at the handle and                
          engageable by the user’s fingers, wherein the handle includes a             
          substantially rigid handle member, a frictional elastomeric                 
          member on the exterior of the handle member, and the                        







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