Appeal No. 1996-3198 Page 9
Application No. 08/371,642
unpatentable over Hamisch in view of Araujo and further in view
of Bronson.
However, we cannot sustain the examiner's § 103 rejection
of claim 2 over Hamisch in view of Araujo and § 103 rejection
of claims 5-7 and 10-12 over Hamisch in view of Araujo and
Bronson. Regarding claim 2, we note that the labeler requires
a pair of handle sections each having an elongate exterior
recess for receiving elastomeric sections as argued. The
examiner has not explained how the applied references
reasonably teach or suggest such structure including a recess
in each section. In this regard, we note that Araujo suggests
a sleeve for the handle, not a recess mounted material.
Claim 11 requires a method including molding the
elastomeric material to a labeler handle; claim 12 additionally
requires keying of the elastomer to the handle as part of the
method; and claim 5 requires a means for keying the elastomeric
material to the handle of a labeler device. The examiner
additionally cites the Bronson patent which is directed to a
running board cover. However, like appellant, we do not
envision how a skilled artisan would have been led to the
claimed labeler with a molded and/or keyed elastomeric handle
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