Ex parte RUSS et al. - Page 4






                 Appeal No. 96-3332                                                                                                                     
                 Application 08/321,025                                                                                                                 



                 the examiner.  As a consequence of our review, we make the                                                                             

                 determination which follows.                                                                                                           










                          The respective rejections of appellants’ claims under                                                                         

                 35 U.S.C. § 103 cannot be sustained.4                                                                                                  



                          As earlier noted, the invention on appeal is based upon                                                                       

                 the primary object of providing optimized perforation lines in                                                                         

                 linerless label webs.                                                                                                                  



                          As readily discernible from the content of the rejection                                                                      



                 Additionally, this panel of the board has taken into account not only the specific                                                     
                 teachings, but also the inferences which one skilled in the art would reasonably have                                                  
                 been expected to draw from the disclosure.  See In re Preda 401 F.2d 825, 826, 159 USPQ                                                
                 342, 344 (CCPA 1968).                                                                                                                  


                          4  We lack a full understanding of the notation used by appellants in claim 1,                                                
                 i.e., a cut to tie ratio of “.018 x .008 to .012 x .008.  The meaning of “x” is not                                                    
                 apparent, particularly in conjunction with “.008".  Further, it is unclear to us whether                                               
                 .018 x .008 to .012 x .008 is intended to set forth a ratio or whether this expression                                                 
                 denotes a range of values for the ratio.  This matter will be raised in our remand to                                                  
                 the examiner, infra.  Nevertheless, we understand claim 1 to the extent that we can                                                    
                 address the deficiency of the examiner’s rejection under 35 U.S.C. § 103.                                                              

                                                                           4                                                                            







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007