Appeal No. 1999-2063
Application No. 08/744,432
The passage at column 3, lines 65-68 of the specification
reads as follows:
In use, the label is peeled away from the liner ply
and the adhesive carried on the side and/or lower
panels is used to secure it to a surface of a
package or envelope.
We do not think the artisan would have gleaned from these
passages that the third or lower panel of appellants’ first
embodiment is optional. This is particularly so when these
passages are read within the context of the specification in
its entirety, which, as indicated above, consistently
indicates that the third or lower panel of the first
embodiment is an integral component of the first embodiment of
the form/label.6 Concerning the term “and/or” found at column
3, line 66, of the patent specification, we think the artisan
simply would have understood from this terminology that the
adhesive found on the back of the lower panel and the adhesive
found on the back of the side panels are each in and of
themselves sufficient to secure the label to the package or
6Appellants do not contend, and it is not apparent to us,
that the newly presented claims can be read on the second
embodiment of the form/label.
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