Appeal No. 1999-2063
Application No. 08/744,432
Appellants’ explanation of where descriptive support for
newly presented claims 21-26 can be found in the original
patent disclosure is found in paragraph 8 of the reissue
declaration, which reads as follows:
8. The subject matter defined in new claims 21-
23[5] is the same general invention as that disclosed
as being the invention in the original patent.
Specifically, the specification of the ‘383 patent
illustrates the optional nature of the third or
lower panel. For example, the “Summary of the
Invention” points out that the lower and side panels
are used to adhere the form/label to a substrate but
subsequently points out that the side panels alone
would be sufficient to secure the form/label to the
substrate (see column 2, lines 21-25, and column 3,
lines 65-68, “adhesive carried on the side and/or
lower panels.”).
The passage at column 2, lines 21-25 of the specification
reads as follows:
The lower and side panels include an adhesive on the
respective second sides thereof which are used to
adhere the form/label to a substrate after it has
been peeled away from the liner ply.
panels, i.e., a first and a second panel, as opposed
to three panels, i.e., an upper panel, a center
panel, and a lower panel.
5When the present reissue application was filed, claims
21-23 were the only newly presented claims.
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