Appeal No. 2005-2131
Application 10/000,254
Majkrzak et al. (Majkrzak) WO 00/07883 Feb. 17, 2000
(published World Intellectual Property Organization Application)
Schumann et al. (Schumann)3 WO 00/30963 Jun. 2, 2000
(published World Intellectual Property Organization Application)
“Controlling costs challenge label stock, liner suppliers,” Paper, Film & Foil Converter (January
1, 1995) (PFFC).
The examiner has rejected appealed claims 1 through 4, 7 through 10 and 18 under
35 U.S.C. § 103(a) as being unpatentable over Majkrzak in view of Schumann, Koehlinger and
Boreali, further in view of Evans and PFFC (answer, pages 4-7), and appealed claims 6, 19 and
20 under 35 U.S.C. § 103(a) as being unpatentable over Majkrzak in view of Schumann,
Koehlinger and Boreali, further in view of Evans and PFFC, and further in view of Nedblake
(answer, page 8).
Appellants state that “[c]laims 1-4, 7-10 and 18 shall stand or fall with the patentability
of claim 1” and “[c]laims 6, 19 and 20 shall stand or fall with the patentability of claim 6,” and
argues claim 20 with respect to the latter group, based on the grounds of rejection (brief, pages
10 and 18-19). Thus, we decide this appeal based on appealed claims 1, 6 and 20. 37 CFR
§ 1.192(c)(7) (2003); see also 37 CFR § 41.37(c)(1)(vii) (September 2004).
We affirm.
Rather than reiterate the respective positions advanced by the examiner and appellants,
we refer to the answer and to the brief for a complete exposition thereof.
Opinion
We have carefully reviewed the record on this appeal and based thereon find ourselves in
agreement with the supported position advanced by the examiner that, prima facie, the claimed
method of and apparatus for enabling a linered label applicator to accept linerless label sheet for
application to the surface of elements would have been obvious over the combined teachings of
Majkrzak, Schumann, Koehlinger, Boreali, Evans and PFFC with respect to claim 1 and the
combined teachings of Majkrzak, Schumann, Koehlinger, Boreali, Evans, PFFC and Nedblake
3 The examiner has relied on United States Patent 6,571,983, issued June 3, 2003, to Schumann
et al. (Schumann ‘983) as a translation of Schumann because the same are “equivalent” (answer,
page 5; see also office action mailed October 1, 2003 (page 7) and the Office action mailed
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