Ex parte INSTANCE - Page 5




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


                 the individual labels prior to their being applied to a                                                                                
                 product.   Consistent with these disclosures, the ordinarily7                                                                                                                       
                 skilled artisan would understand the term “release material”                                                                           
                 as used in the appealed claims to denote a material  having                                 8                                          
                 surface characteristics that would allow for relatively easy                                                                           
                 removal of the labels therefrom with the adhesive therebetween                                                                         
                 preferentially adhering to the labels rather than the release                                                                          
                 material.                                                                                                                              
                          Each of independent claims 1, 19  and 21, in one fashion  9                                                                   
                 or another, calls for at least a portion of the folded sheet                                                                           
                 of the label to be directly adhered to the release material.                                                                           
                 This limitation is not disclosed or suggested by either                                                                                
                 Instance ‘043 or Instance ‘686 because in each case, no                                                                                
                 portion of the folded panels of the label is directly attached                                                                         

                          7See, for example, page 5, lines 3-7, of the                                                                                  
                 specification of the present application; column 9, lines 16-                                                                          
                 20, of Instance ‘043; and column 7, lines 37-64, of Instance                                                                           
                 ‘686.                                                                                                                                  
                          8For example, waxed or siliconized paper (page 5, line 7                                                                      
                 of the specification of the present application; column 9,                                                                             
                 line 21 of Instance ‘043).                                                                                                             
                          9The term “the release material” in the fourth to the                                                                         
                 last line of claim 19 lacks a proper antecedent.  This claim                                                                           
                 deficiency is worthy of correction.                                                                                                    
                                                                         -5-                                                                            





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