Ex parte BRIGHT - Page 10

          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                


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