Ex parte BRIGHT - Page 12




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




          relaxed condition,                                                          
               said leading and trailing edge of said segment being                   
          detached from one another or secured together only by                       
          adhesive.                                                                   
               It is the appellant's view that article claims 7 through               
          9 avoid the 35 U.S.C.  103 rejection over Dickey in view of                
          Herdzina for the same reasons as expressed with respect to the              
          method claims, e.g., that Herdzina does not provide a                       
          satisfactory teaching of applying a stretched label as                      
          prescribed in appellant's method claims (brief, page 7).                    
               We observe that Herdzina discloses that cans are first                 
          heated for accepting labels to be adhered thereto by a heat                 
          activated adhesive on the labels (col. 3, lines 28-33).  As                 
          noted above, the labels may be applied to the cans while                    
          stretching the labels, resulting in a stretched label being                 
          affixed to each can.                                                        
               However, although in the Herdzina process the label is                 
          stretched when being applied to the can, rather than prior                  
          thereto, in each case the resulting article would be a labeled              
          can which satisfies the limitations of the appellant's claim                
          7.  The limitations of claims 8 and 9 are also disclosed by                 
                                         12                                           






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