Ex parte BRIGHT - Page 9




          Appeal No. 1998-0483                                                        
          Application No. 08/543,840                                                  




          deformation of the label.                                                   
               Although we have rejected claims 1 through 6, 10 and 11                
          as being indefinite, in the interest of avoiding piecemeal                  
          appellate review we will treat claim 1 as though "the label"                
          in step (1) were -- the segment --, and proceed to consider                 
          the                                                                         
           103 rejection on that basis.  Cf. Ex parte Saceman, 27                    
          USPQ2d 1472, 1474 (Bd. Pat. App. & Int. 1993).                              


          The 35 U.S.C.  103 rejection of claims 1 through 13 and 15                 
          through 18.                                                                 
               We reverse the rejection of claims 1 through 6, 10                     
          through 13 and 15 through 18 under 35 U.S.C.  103 as being                 
          unpatentable over Dickey in view of Herdzina and we affirm the              
          rejection of claims 7 through 9 under 35 U.S.C.  103 as being              
          unpatentable over Dickey in view of Herdzina.                               
               Method claim 1 requires, inter alia, the step of applying              
          the leading edge of the "stretched segment" to the article                  
          with an adhesive.                                                           
               A review of the Herdzina reference reveals that                        
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