Appeal No. 98-0383 Page 8
Application No. 08/549,869
New Rejection By The Board
Pursuant to our authority under 37 C.F.R. § 1.196(b), we
enter the following new rejection:
Claim 6 is rejected under 35 U.S.C. § 103 as being
unpatentable over Weder ‘638 in view of Culberg. As described3
by the appellant on page 4 of the specification as one of four
examples of the prior art, Weder ‘638 discloses a method for
wrapping an object with a material “having pressure sensitive
adhesive thereon” (lines 4-5), which “do not describe [a] self
adhering wrapper that is pre-sized and comes with a container
and a sheet of material with an adhesive strip for wrapping a
variety of items” (sentence bridging pages 4 and 5). With
regard to this, we note that claim 6 does not positively recite
a container, which causes the statements in this claim relating
the sizing of the sheet of wrapping material to a box to be of
no patentable significance, and it does not even mention
wrapping a variety of items.
3This reference was cited on page 4 of the appellant’s
specification as an example of the prior art, and thus is not
unknown to the appellant.
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