Ex parte TRAISE - Page 8




          Appeal No. 1999-1317                                                        
          Application No. 08/632,216                                                  

               Kish discloses a label applicator comprising a roll 10 of              
          tape 11 of integral labels, feed rolls 13, 14, a reciprocable               
          label cutting knife 15, drive rolls 16, 17, a label guide                   
          plate 20, an idler roll 21, a label applicator drum 22, label               
          moistening means 23, and a planar support member 25, these                  
          components being arranged as shown in Figure 1.  The tape of                
          labels apparently is linerless.  In use,                                    
               [e]ach successive label cut from tape 11 by the                        
               knife 15 and delivered to a first position between                     
               the drum 22 and roll 21 is adapted to be retained by                   
               a partial vacuum existing at the outer cylindrical                     
               periphery of the drum so as to be arcuately                            
               transported by the drum past a suitable label                          
               moistening means 23 to a second position from which                    
               they may be progressively rolled or pressed onto the                   
               upper surface of an envelope 24 or other document                      
               that is moved along the planer support member 25 and                   
               passed [sic] the lower side of the drum 22 by                          
               suitable feed roll means 26 [column 1, line 68,                        
               through column 2, line 10].                                            
               According to the examiner, it would have been obvious to               
          one having ordinary skill in the art “to substitute linerless               
          label stock for [Fayolle’s] . . . because Kish shows that                   
          vacuum drum labeling is conventional with linerless label                   
          stock” (answer, pages 4 and 5).                                             
               As pointed out above, however, it is not apparent, nor                 
          has the examiner cogently explained, how the label applying                 

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