Ex parte LAURASH et al. - Page 7

          Appeal No. 1999-2063                                                        
          Application No. 08/744,432                                                  

          Webendorfer indicates that straight tearing or reuse of the                 
          article are of any particular concern in any of the primary                 
          references.  The examiner’s implication that the proposed                   
          modification would have been obvious because of the structural              
          similarities between Rogers and the primary references also is              
          not well taken.  From our perspective, the many                             
          rationalizations offered in support of the rejections on                    
          appeal demonstrate that the examiner has impermissibly                      
          employed appellants’ claims as a template to selectively piece              
          together isolated disclosures in the prior art in an effort to              
          construct a facsimile of appellants’ claimed invention.                     

               In any event, even if the references were combined in the              
          manner proposed by the examiner, it is questionable whether                 
          the resulting structure would meet the limitations in the                   
          independent claims on appeal.  Each of appellants’ independent              
          claims calls for a second panel that extends from the                       
          transverse fold line to the bottom edge of the label ply.  In               
          O’Brien, Ehret and Webendorfer, the second panels do not                    
          extend to the bottom of the label because of the presence of                
          the bight portion of the U-shaped adhesive area.  Likewise,                 

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