Appeal No. 1999-2063
Application No. 08/744,432
Ehret, and Webendorfer, respectively) connected together along
a transverse perforated fold line. The examiner further
considers that O’Brien, Ehret and Webendorfer each include
adhesive backed side panels (adhesive portions 24, 28 of
O’Brien’s U-shaped adhesive area, leg elements of Ehert’s U-
shaped adhesive area 26, opposed portions of Webendorfer’s
unnumbered U-shaped adhesive area bounding shipping label 42)
connected to respective sides of the second panels along
vertical lines of perforation.2 The examiner concedes that
none of the primary references discloses vertical lines of
perforation between the second panel and the side panels that
extend all the way to the bottom edge of the second panel, as
called for in each of the independent claims on appeal.
However, the examiner cites Rogers for a teaching of this
feature. In particular, the examiner considers that Rogers
2In that appellants do not dispute the examiner’s implicit
finding to the effect that Ehert’s adhesive area 26 is
connected to the second panel by a U-shaped line of
perforation, we will accept the examiner’s finding in this
respect at face value. We note for completeness sake,
however, that the U-shaped dotted line 60 seen in Ehret’s
Figure 5 merely indicates where the top portion of the release
liner 16 of the first panel 14 will overlie the adhesive 26
when the first panel is folded under the second panel. See
column 4, lines 15-22.
4
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