Ex parte STEIDINGER et al. - Page 10




          Appeal No. 1999-2566                                                        
          Application 08/868,935                                                      


          over the combined teachings of Steidinger and Holmes, Holmes                
          transfers his label from one backing web to another backing                 
          web in a particular manner so that a ribbon can be inserted                 
          beneath the label.  The examiner has not explained why this                 
          teaching would have led one of ordinary skill in the art to                 
          use this technique in Stewart’s method wherein conventional                 
          label stock is adhered to a form and then the product is die                
          cut.                                                                        
               We therefore conclude that the examiner has not carried                
          the burden of establishing a prima facie case of obviousness                
          of the claimed invention over the combined teachings of                     
          Stewart and Holmes.  Hence, we reverse the rejection over this              
          combination of references.                                                  
                                      DECISION                                        
               The rejections under 35 U.S.C. § 103 of claims 1-3, 12-                
          20, 23 and 25 over Steidinger in view of Holmes, claims 24 and              
          26 over Steidinger in view of Holmes and Stewart, and claims                
          1-3, 12-20 and 23-26 over Stewart in view of Holmes, are                    
          reversed.                                                                   
                                      REVERSED                                        


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