Appeal No. 1997-3611
Application No. 08/439,414
separation interface to a sufficiently high degree to
withstand the maximum process separation force imposed at said
separation interface as said layered film material is printed
and as labels cut therefrom are deployed from affixation on
said substrate, said film plies adhering to each other at said
separation interface to a sufficiently low degree to allow
them to cleanly and readily separate from each other at said
separation interface under the imposition of a separation
force greater than said maximum process separation force.
Claims 9 through 12 and 36 through 39 stand rejected
under 35 U.S.C. § 103 as unpatentable over the disclosure of
U.S. Patent 4,925,714 issued to Freedman on May 15, 1990
(hereinafter referred to as “Freedman”).
We have reviewed the claims, specification, and applied
prior art, including all of the arguments and evidence
advanced by the examiner and appellants in support of their
respective positions. This review leads us to conclude that
the examiner’s § 103 rejection is not well founded.
Accordingly, we will not sustain the examiner’s § 103
rejection for essentially those reasons set forth at pages 6-
13 of the Brief. We add the following primarily for emphasis.
The examiner states (Answer, page 3)that:
Freedman substantially discloses the instant claimed
invention of a multilayered in-mold label stock
containing within itself a separation interface
comprising at least two polymeric films of a
different composition, said composition is a
polyolefin, polyethylene or polypropylene, or
3
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