Appeal No. 97-1872
Application 08/371,620
to the release material. Rather, the folded panels of
Instance ‘043 and Instance ‘686 are directly attached to the
support web (element 18 of Instance ‘043; element 26 of
Instance ‘686), which is not a “release material” as that term
is used herein.
Independent claims 11 and 14 are somewhat broader than
claims 1, 19 and 21 in the sense that they call for at least a
portion of “the label” to be directly adhered to the release
material. With respect to the standing rejection of claim 11
as being anticipated by Instance ‘043, the examiner’s position
that this claim limitation is met by Instance ‘043 because
support web 18 may be considered a release material is not
well taken for the reasons given above. Further, the support
web 18 itself of Instance ‘043 cannot be considered a part of
“the label” because claim 11 further specifies that the label
comprises an upper panel and a lower panel connected by a
folded edge with the label being directly releasably adhered
to the release material by means of a self-adhesive rear
surface of the lower panel. These additional limitations have
the effect of precluding one from considering the support web
18 of Instance ‘043 to be a part of the label.
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