Appeal No. 1999-1317
Application No. 08/632,216
device disclosed by Fayolle could be used with a web of
linerless labels. It is also not evident why the combined
teachings of Fayolle and Kish would have suggested the
extensive modifications of the Fayolle device, and the method
embodied thereby, necessary to accommodate linerless labels.
Since this flaw in the basic Fayolle-Kish combination
finds no cure in the examiner’s additional application of
Hirano, Boreali, Malthouse, Hoffmann and/or Kimball, we shall
not sustain the standing 35 U.S.C. § 103(a) rejection of
claims 1 and 12, and dependent claims 2 through 6 and 13
through 16, as being unpatentable over Fayolle in view of Kish
and either Hirano or Boreali, the standing 35 U.S.C. § 103(a)
rejection of dependent claims 7, 17 and 18 as being
unpatentable over Fayolle in view of Kish, either Hirano or
Boreali, and Malthouse, the standing 35 U.S.C. § 103(a)
rejection of dependent claims 8, 9 and 20 as being
unpatentable over Fayolle in view of Kish, either Hirano or
Boreali, and Hoffmann, or the standing 35 U.S.C. § 103(a)
rejection of dependent claim 21 as being unpatentable over
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