Appeal No. 1997-0449
Application 08/380,244
(b) claims 1-14, under 35 U.S.C. § 103, as being
unpatentable over May or Morgan or Tajima or McCorkle in view
of Hoffman, and
(c) claims 1-14, under 35 U.S.C. § 103, as being
unpatentable over May or Morgan or Tajima or McCorkle in view
of Small or Simon.
Reference is made to appellants’ brief, reply brief, and
supplemental reply brief (Paper Nos. 37, 40 and 42,
respectively) and to the examiner’s answer and supplemental
answer (Paper Nos. 38 and 41) for the respective positions of
appellants and the examiner regarding the merits of these
rejections.
The rejection under 35 U.S.C. § 112
Claim 13 depends from claim 2 and calls for the indicia
and release material together to comprise “a preprinted
portion of a roll of release material.”
In rejecting claim 13 under § 112, the examiner states
that “Claim 13 appears to present the release material as part
of a roll of release material. But, how would the release
material be formed in a roll if, indeed, it is applied to the
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