Appeal No. 1997-1282
Application No. 07/839,369
sensitive adhesive layers, in the labeling process of
Freedman.
Moreover, as argued by appellants at pages 9 and 12 of
their Brief, Freedman also fails to disclose the claimed hot-
stretched coextrudate of two polymeric film plies (one of
which comprising a printable label face layer). See Freedman
in its entirety. Nowhere does Freedman indicate that its
extrudate is hot-stretched or includes a face stock (printable
label face layer). See, e.g., column 2, lines 55-65 and column
3, lines 12-66, together with Figures 1A to 2D. In spite of
this deficiency in Freedman as indicated by appellants, the
examiner has not proffered any explanation, much less
evidence, to demonstrate why the employment of such hot-
stretched, coextruded polymeric film plies in the labeling
making and using process of Freedman would have been obvious
to one of ordinary skill in the art.
Thus, on this record, we conclude that the examiner has
not established a prima facie case of obviousness regarding
the claimed subject matter within the meaning of 35 U.S.C. §
103. Accordingly, we reverse the examiner’s decision
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