Appeal No. 1998-0785
Application No. 08/618,794
applying the label to the substrate with the
adhesive side in contact with the substrate, wherein the
adhesive is of the type that permanently adheres the
label to the substrate;
heating predetermined portions of the label, which
portions define an outline of the indicia, to at least
the predetermined temperature to melt the predetermined
label portions; and
heating portions of the substrate, which portions
corresponding to the predetermined label portions, to at
least the predetermined temperature and debossing the
substrate portions to a predetermined depth, leaving the
indicia permanently on the substrate, wherein the
debossed substrate portions are exposed through the
label.
The references relied upon by the examiner are as
follows:
Cranfill 3,629,042 Dec. 21, 1971
Ritchey 4,365,436 Dec. 28, 1982
Claims 1-9 stand rejected under 35 U.S.C. § 103 as
obvious over Cranfill in view of Ritchey.
OPINION
For the reasons set forth below, we reverse the above-
noted rejection.
Before reaching the merits of the appellants’ position
and the examiner’s position, we note that a proper
rejection under 35 U.S.C. § 103 requires the following
considerations. Under a 35 U.S.C. § 103 rejection, the
examiner should set forth in the rejection:
(A) the relevant teachings of the prior art relied
upon, preferably with reference to the relevant
column or page number(s) and line numbers(s)
where appropriate,
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