Appeal No. 1997-4389 Page 8
Application No. 08/546,925
35 U.S.C. § 103. Our reasoning for this determination
follows.
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28
USPQ2d 1955, 1956 (Fed. Cir. 1993). A prima facie case of
obviousness is established by presenting evidence that would
have led one of ordinary skill in the art to combine the
relevant teachings of the references to arrive at the claimed
invention. See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d
1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,
1016, 173 USPQ 560, 562 (CCPA 1972).
Claims 1 to 7 and 14
Claim 1 requires the dispensing mechanism to include a
plate carried by the housing and extending outwardly of the
exit opening, the plate being angled to form an obtuse angle
with the predetermined path and lying along the pressure
sensitive adhesive face of the linerless label passing through
the exit opening for deviating the label from the
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