Ex Parte SCHEUBER et al - Page 8




         Appeal No. 2002-2125                                                       
         Application No. 09/078,914                                                 
         column 4, line 17 regarding the transparency of the paper used for         
         printing the labels.  Taken together, they teach one of skill in           
         the art that the labels need not be perfectly transparent.                 
              Further, the claimed subject matter recites only a “partially         
         transparent contrast panel.”  The specification, page 3, lines 7-          
         13 provides that:                                                          
              A contrast panel, which forms a text panel, is applied to the         
              exposed border region of each printed product, and the                
              contrast panel forms a contrast with respect to the                   
              information which is to be applied.  This ensures that the            
              information always appears in contrast with respect to its            
              surroundings and thus can be seen and read easily.                    
              The appellants urge, and have provided two examples which             
         they assert support this point of view, that the panel itself              
         constitutes a contrast to the underlying cover printing and helps          
         to direct the user’s look to the panel.  (Appeal Brief, page 8,            
         lines 2-16; see also unnumbered document dated October 31, 2001            
         entitled “Submittal of Exhibits Under 37 CFR 1.195.”)                      
              It is well settled that a prior art reference is relevant for         
         all that it teaches to those of ordinary skill in the art.  In re          
         Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir.               
         1992).  See also In re Azorlosa, 44 CCPA 826, 241 F.2d 939, 941,           
         113 USPQ 156, 158 (1957), which holds, in pertinent part, that it          
         is proper for the court and necessarily, the board, to consider            
         everything that a reference discloses.                                     

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