Ex Parte Petkovsek - Page 9



            Appeal No. 2005-0952                                                                         
            Application No. 09/908,282                                                                   

            Since we are unable to accord the printed matter in claims                                   
            1 through 9 and 12 through 17 on appeal any patentable weight,                               
            and since the physical structure of Korondi’s form is the same as                            
            that set forth in the claims on appeal, it follows that we will                              
            sustain the examiner's rejection of claims 1 through 9 and                                   
            12 through 17 under 35 U.S.C. § 103(a).                                                      

            As for the rejection of claims 10 and 11 under 35 U.S.C.                                     
            § 103(a) based on the combined teachings of Korondi and Amon, we                             
            share the examiner’s view that it would have been obvious to one                             
            of ordinary skill in the art at the time of appellant’s invention                            
            to use a security ink like that disclosed in Amon to print                                   
            certain selected information or security marks on the labels (32,                            
            34) of Korondi to provide a means for preventing forgery or                                  
            counterfeiting of such labels.  In that regard, we observe that                              
            Amon expressly notes (col. 6, lines 44-49) that the photochromic                             
            printing inks therein may be used on “labels and similar printed                             
            documents for which measures against counterfeiting are                                      
            indicated.”                                                                                  




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