Appeal No. 2000-1794
Application 08/901,171
Therefore, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claims 10 and 13 as being unpatentable
over Hersheys.com in view of Lenkoff.
V. The 35 U.S.C. § 103(a) rejection of claim 12 as being
unpatentable over Hill
Independent claim 12 recites an elongated tape and is
similar to independent claims 1 and 11 in that it requires the
tape to include opposed, i.e., opposite, extremities having
printed thereon functionally compatible message portions which
are response solicitive and responsive, respectively.
Hill discloses a label/wrapper composed of a flexible
elongated strip of paper or plastic adapted to be wrapped
around
packages for food or other products. The label/wrapper may
carry printed indicia relating to trademarks, logos, product
names, cooking information, product coupons, recipes and the
like.
In essence, the examiner (see page 5 in the final
rejection) concedes Hill to be unresponsive to the printed
matter limitations in claim 12 in the same sense that
Hersheys.com is
10
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