Ex parte KESSLER - Page 2




         Appeal No. 1998-2418                                                    
         Application No. 08/686,883                                              


                                   BACKGROUND                                    
              The appellant's invention relates to label roll packages           
         and ink roller packages (specification, p. 1).  A copy of the           
         claims under appeal is set forth in the appendix to the                 
         appellant's brief.                                                      
              The prior art references of record relied upon by the              
         examiner in rejecting the appealed claims are:                          
         Burtis        1,214,750      Feb. 6, 1917                               
         Jones         3,770,118      Nov. 6, 1973                               
         Lane          4,875,620      Oct. 24, 1989                              
         Prior Art as described by appellant on pages 1 and 2 of the             
         specification and in figures 8 and 9 of the drawing.                    
              Claims 21 through 26 and 36 stand rejected under 35                
         U.S.C.  § 112, second paragraph, as being indefinite and for            
         failing to particularly point out and distinctly claim the              
         invention.1                                                             
              Claims 11, 21 through 30, 37 and 38 stand rejected under           
         35 U.S.C. § 103 as being unpatentable over appellant's                  
         disclosed prior art in view of Jones.                                   



                                                                                
         1 Rejection of claim 25 under 35 U.S.C. § 112, second paragraph, as being
         indefinite in that there is no antecedent basis for "the tubular openings" was
         overcome by an amendment after final rejection (see Papers No. 7 and 8).

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