Appeal No. 2000-0107
Application 08/905,072
permanently adhered together. See Fig. 3, col. 6, lines 45 to
47, and col. 7, lines 17 to 21. In the Petkovsek label/form
1, the plurality of labels which are removably secured to the
backer, as called for by claims 1 and 9, are labels 16, 16',
18', 18', 46 and 46'. However, none of these detachable1
labels are in only a single row, as called for by claims 1 and
9, nor do we find any teaching or suggestion that they be so
arranged. Whether a plurality of Petkovsek's label/forms 1
were arranged in a continuous assembly extending vertically or
horizontally (with reference to the label/form shown in Fig.
1), the removable labels 16, 16', 18, 18', 46, 46' would not
be in only a single row, and it is not apparent, even if they
could be so arranged, what in the applied prior art would have
motivated one of ordinary skill to do so. Although the
examiner states, in the above quotation from the examiner's
answer, that "the mailing and/or auxiliary portions [of
Petkovsek] could be formed in a single or a plurality of rows
as necessary," the mere fact that the prior art could be
modified to form the claimed structure would not have made the
1This assumes that sections 46, 46 may be called'
"labels."
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