Appeal No. 1998-0483
Application No. 08/543,840
stretching the label onto the article is accomplished by
permitting the article to "be rotated at a surface speed
considerably in excess of the surface speed of the support
surface 66 on which the label is carried" (col. 7, lines 24-
26). This suggests to us that at the moment when the leading
edge of the label contacts the article there is no stretching
of the label, but at a moment later the stretching is begun.
It is the examiner's view that Herdzina teaches
stretching the labels and applying them to the container "in a
stretched condition" (answer, page 6) and that "[i]t would
have been obvious to one having ordinary skill in the art to
stretch Dickey's labels in the manner taught by Herdzina"
(answer, pages 4-5).
The appellant argues that nothing in Herdzina provides
any teaching of how the "stretched" label will be secured to
the container (brief, page 5).
In our view the step of applying the stretched segment,
as recited in claims 1 and 12, is not taught by Herdzina. We
note that claim 1 recites elastically stretching the segment
10
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