Appeal No. 1998-0785
Application No. 08/618,794
substrate 10 because column 1, lines 47-50 of Cranfill
indicates that the heated die presses not only the flexible
film (label) but also a portion of the thermoplastic resin
substrate 10 underneath the film into the shape dictated by
the die, as shown in Figure 3.
However, these indentations are not formed in the same
manner as required by appellants’ method claim 1. In this
regard, we essentially agree with appellants’ remarks made
on pages 11 through 14 of their Brief whereby appellants
essentially argue that their claims are directed to
“sticking a label to a substrate that melts when heated to
a predetermined temperature, and then forming indicia into
the substrate by melting portions of the substrate through
the label” (Brief, page 11), and that this is
distinguishable from the combination of Cranfill in view of
Ritchey. Our reasons are set forth below.
To emphasize, claim 1 requires a method comprising
“providing a label having an adhesive . . .; applying the
label to the substrate with the adhesive side in contact
with the substrate . . .; heating predetermined portions of
the label . . . to melt the predetermined label portions;
and heating portions of the substrate, which portions
corresponding to the predetermined label portions, . . .
and debossing the substrate portions . . . , wherein the
debossed substrate portions are exposed through the label”.
In the instant case, substrate 10 of Cranfill is not
exposed through the label 14 (i.e., the medallion 14 of
Cranfill) at portions corresponding to melted portions of
label 14. So the issue of whether debossing actually
occurs in Cranfill is not really relevant, because even if
it does occur, the substrate is not debossed in the manner
as required by appellants’ claims. Nor does the reference
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