Ex parte KESSLER - Page 7




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


         function of the shrink wrap, that the shrink wrap both                  
         envelopes the rolls and is "sealed to the flange" as recited            
         in claim 11.  Appellant discloses "[t]he shrink wrap 14 is              
         adhesively adhered or heat sealed directly to the flange 24 of          
         the container 19" (specification, page 7).  Omission of the             
         cover 32 of Jones would provide the shrink wrap in contact              
         with the flange but would not provide the claimed type of seal          
         between the shrink wrap and the flange.  Accordingly, we will           
         not sustain the examiner's rejection of claim 11.                       
              The examiner further states that "[a]s to claims 21-26,            
         it would have been obvious to one having ordinary skill in the          
         art to assemble the ink roller with the handle oriented at the          
         open end of the ink roller container of the Related Prior Art           
         as modified to facilitate grasping" (answer, page 7).                   
         Appellant urges "[w]ith the claimed package, the handle is              
         always accessible when the cover is removed, thereby avoiding           
         the problem of the user getting ink on his/her hands" (brief,           
         page 11).  We find that claims 21 through 26 require "a handle          
         at one end of the ink roller and the other end being free of            
         any handle" which is not disclosed by either appellant's                
         disclosed prior art or Jones.  The disclosed prior art ink              
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