Appeal No. 1997-4389 Page 9
Application No. 08/546,925
predetermined path by contact with the pressure sensitive
adhesive face of the label.
The examiner determined (answer, p. 5) that it would have
been obvious to a person having ordinary skill in the art at
the time the invention was made to have modified plate 105 of
Carpenter to extend outwardly of the exit opening and to be
angled to form an obtuse angle with respect to the path in
view of the teachings of Putzke in which cut items are
deposited onto support 52 carried by the housing (see Figures
1 and 3 of Putzke). We do not agree.
The appellants argue (brief, pp. 5-10) that there is no
suggestion in the applied prior art to have modified Carpenter
by the teachings of Putzke to have arrived at the plate as
recited in claim 1. We agree.
It is clear from our review of the applied prior art that
the above-noted plate limitations of claim 1 are not suggested
by the applied prior art. In that regard, Carpenter's element
105 is disclosed (column 3, lines 25-35) as being a transport
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