Ex parte BRIGHT - Page 11




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




          and applying "said segment while so stretched to the                        
          article...." Thus, the appellant's claim 1 requires stretching              
          prior to applying the label to the article whereas, as noted                
          above, Herdzina teaches the stretching does not begin until a               
          moment after the label is applied to the article.  The                      
          language in the other independent method claim, claim 12, is                
          similar in that it requires applying and mounting the                       
          elastically deformed segment onto the article.  In our view                 
          Herdzina does not teach or suggest the applying step of                     
          appellant's claims 1 and 12.  Accordingly, we cannot sustain                
          the examiner's rejection of appealed claims 1 and 12, or of                 
          claims 2 through 6, 10, 11, 13 and 15 through 18 which depend               
          therefrom, under 35 U.S.C.  103.                                           
               Turning to the examiner's rejection of article claims 7                
          through 9, we note that claim 7 recites:                                    
          7.        An article having a body portion and a segment of                 
          sheet material wrapped around it and secured to it, said                    
          segment having a leading edge and a trailing edge,                          
               said segment being elastic and being in a stretched,                   
          elastically deformed condition on the article such that the                 
          length of said segment between said leading and trailing edges              
          of said segment on said article is greater than the length                  
          between said leading and trailing edges of said segment in a                
                                         11                                           






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007