Appeal No. 1998-0566
Application No. 08/396,005
Cir. 1994) and In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655,
1657 (Fed. Cir. 1990).
Kanzelberger discloses a device that can be used as a
name badge, desk plate, or the like. As shown in Figure 3, it
comprises a metal backing plate (22), a plastic plate (24)
bonded to the surface of the metal backing plate and having a
textured strip (26) formed across its front surface, and a
thin tape (28) affixed by adhesive along the textured strip.
The tape has graphics (such as a name) imprinted on its back
side, so that when it is installed upon the textured strip the
graphics are visible from the front. The texture on the strip
allows air to exit from beneath the tape when it is pressed
into place, thus causing the tape to appear as if it were a
part of the plastic plate.
It is the examiner’s position that all of the subject
matter recited in claim 1 reads on plastic strip portion 24 of
the Kanzelberger device. The appellant sets out several
arguments why he believes this not to be the case. We find
ourselves in agreement with the appellant because the claim
requires that there be an all-plastic plate having front and
back surfaces with the “back surface . . . being exposed to
4
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