Appeal No. 1997-3611
Application No. 08/439,414
activatable adhesive layers for its labeling process. Nor
does the Freedman reference indicate that the employment of
the claimed heat-activatable adhesive layers is desirable or
useful in the label of the type described in Freedman. Under
this circumstance, we are constrained to agree with appellants
that the examiner has not supplied sufficient evidence to
demonstrate that one of ordinary skill in the art would have
been led to use the claimed heat-activatable adhesive layer,
in lieu of the pressure-sensitive adhesive layer, in the
labeling process described in the Freedman reference. In
other words, the Freedman reference would not have suggested
forming in-mold labeled articles containing the claimed heat-
activatable adhesive layer.
Moreover, as argued by appellants at pages 9 and 12 of
their Brief, Freedman also fails to disclose the claimed
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 printable
label face layer (face stock 30), for example, is extruded.
See, e.g., Freedman, column 2, lines 55-65 and column 3, lines
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