Appeal No. 1999-2063
Application No. 08/744,432
shows a structure that is similar to that of the primary
references in that the letter sheet envelope of Rogers has at
least two panels A and B, and side panels a1, b1 and a2, b2
connected to the panels along generally vertical lines of
perforations that extend all the way to the bottom edge of the
letter sheet envelope. Based on these reference teachings,
the examiner concludes that
[t]herefore, it would have been obvious to one of
ordinary skill in the art at the time of the
invention to modify the vertical perforations of
O’Brien [Ehret and Webendorfer] to extend to the
bottom edge of the label ply as shown in Rogers to
ensure straight tearing. [Answer, page 3.]
The flaws in the examiner’s rejections begin with the
basic combination of Rogers with any of the primary references
(O’Brien, Ehret and/or Webendorfer). Rogers relates to a
letter sheet envelope wherein the various panels and lines of
perforation are for the purpose of creating a letter sheet
that can be folded and sealed to create a mailing envelope.
As such, the adhesive portions of the side panels of Rogers
engage each other to close off the sides of the folded panels.
In contrast, both appellants’ invention and each of the cited
primary references are directed to a tuck label/form wherein
the various panels and lines of perforation are for the
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