Appeal No. 1999-2063
Application No. 08/744,432
purpose of creating a label that is folded and then secured to
an article such as a carton. Accordingly, the adhesively
backed side panels of O’Brien, Ehret and Webendorfer are
utilized to secure the tuck label/form to the article. Given
the disparate way in which the side panels of the envelope of
Rogers are utilized as compared to the side panels of the tuck
label/forms of O’Brien, Ehret and Webendorfer, there is no
suggestion in either Rogers or any of O’Brien, Ehret and
Webendorfer, or need in view of the divergent objectives of
these references, for their combination.
The examiner’s rationale that the proposed modification
of O’Brien, Ehret and Webendorfer would have been obvious “to
ensure straight tearing” (answer, page 3) of the second panel
from the side panels is noted. The examiner’s “reuse”
argument on pages 5 and 6 of the answer is also noted.
Assuming for the sake of argument that the proposed
modification of the primary references would result in
straighter tearing of the second panel from the side panels
and/or facilitate reuse of the article to which the tuck
label/form is adhered, nothing in O’Brien, Ehret and/or
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