Appeal No. 2002-2125
Application No. 09/078,914
contrast ratio of 30-40% and be slightly tinted for decorative
effect. (Examiner’s Answer, page 4, lines 11-17).
The examiner then concludes that it would have been obvious
to have modified the apparatus of Doane by providing a printing
system as taught by Jackson to print personalized information on
the magazines. The examiner further concludes it would have been
obvious to use the partially transparent labels of Popat to
obviate the cheap, mass-produced white labels. (Examiner’s
Answer, page 4, line 18 - page 5, line 11).
The appellants initially argue that there is no motivation to
make what they characterize as a “highly selective” combination of
the various features of the three applied references (Appeal
Brief, page 3, lines 26-30).
The appellants challenge the stated content of the principal
reference, Doane, stating that it does not disclose that the
border region has a printed surface or that the label is
transparent. (Appeal brief, page 4, lines 8-13). We disagree
with the appellants’ interpretation of Doane.
First, Doane clearly describes that the label is to be
applied to a magazine, newspaper, catalogue, flyer, or tabloid
(Column 1, lines 16-17) which may have a three or four color ink
work on its cover (column 1, lines 43-44), where the label is to
be applied. Second, Doane is not relied upon for the disclosure
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