Ex parte INSTANCE - Page 2




                 Appeal No. 97-1872                                                                                                                     
                 Application 08/371,620                                                                                                                 


                 currently pending in the application.2                                                                                                 
                          Appellant’s invention pertains to a self-adhesive label                                                                       
                 and to a method of making self-adhesive labels.  The subject                                                                           
                 matter on appeal is reproduced in an appendix to the brief.                                                                            
                          The references of record relied upon by the examiner in                                                                       
                 support of the rejections are:3                                                                                                        
                 Instance (Instance '686)                                       4,711,686                           Dec.  8,                            
                 1987                                                                                                                                   
                 Instance (Instance '043)                   4          4,933,043                           Jun. 12, 1990                                
                          Claims 11, 19 and 20 stand rejected under 35 U.S.C. §                                                                         
                 102(b) as being anticipated by Instance ‘043.                                                                                          
                          Claims 14, 16, 22-25 and 31-34 stand rejected under 35                                                                        




                          2Finally rejected claims 15, 17 and 18 were canceled by                                                                       
                 amendments filed subsequent to the final rejection.  Although                                                                          
                 these amendments have been approved for entry (see, inter                                                                              
                 alia, the examiner’s initialed approval for entry in the                                                                               
                 margin on page 1 of each of said amendments), they have not                                                                            
                 yet been clerically entered.                                                                                                           
                          3The patentee of each of the applied references is the                                                                        
                 appellant.                                                                                                                             
                          4It appears that appellant may be entitled to an                                                                              
                 effective filing date of September 28, 1990, the filing date                                                                           
                 of PCT/GB90/014l87.  If so, Instance '043 would not be prior                                                                           
                 art in this case.  However, in that appellant has not raised                                                                           
                 this issue, we will treat this patent as prior art.                                                                                    
                                                                         -2-                                                                            





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