Appeal No. 2002-1151
Application No. 09/324,835
Obviousness
We cannot sustain the rejection of claims 3 through 10, and
13 through 20 under 35 U.S.C. § 103 as being unpatentable over
Oshita in view of Teraoka.
In this rejection of dependent claims, the examiner relies
upon the Oshita document, as applied above, with the teaching of
Teraoka to support a conclusion that it would have been obvious
to adhere printing labels to successive change packs of Oshita.
However, of primary concern is the circumstance that the Teraoka
patent does not overcome the earlier discussed deficiency of the
Oshita reference. Thus, this obviousness rejection cannot be
sustained.
In summary, this panel of the board has not sustained the
respective rejections on appeal.
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