Appeal No. 98-2033
Application 08/507,623
suggestive of a pattern having adjoining high-gloss and matte
areas as recited in claim 1. More particularly, the word
"CUSTOMS" and the surrounding background label material 11
constitute a pattern on the top surface of the label/seal as
broadly recited in the claim. Label material 11 has a high-
gloss appearance and therefore defines a high-gloss area of
the pattern. Although Jones does not expressly describe the
ink 18 used to print "CUSTOMS" as exhibiting a "matte" finish,
the term "matte" has a relatively broad definition, i.e.,
"lacking or deprived of luster or gloss" (Webster's New
Collegiate Dictionary (G. & C. Merriam Co. 1977). In our
opinion, one of ordinary skill in the art would have found it
obvious to use an ink having such a finish on the Jones label
for enhanced contrast with the high-gloss
background. The appellant's contention that his pattern is
rendered invisible when covered with a clear, transparent
adhesive tape is not persuasive because it is not commensurate
with the rather broad scope of claim 1 which contains no such
limitation. In the same vein, claim 1 is devoid of any
limitation requiring the tamper-evident aspect of the claimed
seal to be purely visual as opposed to mechanical.
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