Ex Parte Hamilton - Page 6



         Appeal No. 2006-0785                                                       
         Application No. 09/683,531                                                 

         Appellant also argues that there is no motivation to combine the           
         teachings of Bloch and Albert because Albert does not teach an             
         addressable display having the claimed features and because                
         Albert relates to a different problem from the claimed invention           
         [reply brief, pages 2-6].                                                  
         With respect to independent claims 1 and 10, we will sustain               
         the examiner’s rejection.  We are not persuaded by appellant’s             
         argument that Bloch fails to teach or suggest a display device             
         used as a label.  Even though neither the examiner nor appellant           
         has specifically defined what is meant by the term “label,” it is          
         clear that they disagree on whether the display taught by Bloch            
         can be considered to be a label within the meaning of the claims.          
         Bloch indicates that his invention is intended to overcome the             
         shortcomings of conventional adhesive labels [column 1, lines 57-          
         58].  Thus, the display disclosed by Bloch replaces the                    
         conventional adhesive label.  We agree with the examiner that the          
         display of Bloch can be called a label within the broadest                 
         reasonable interpretation of that term because the display                 
         indicates the contents of the disk to which it is attached.  We            
         also note that Bloch teaches that the disclosed display mechanism          
         “could be mounted ... on an adhesive-backed device,... and                 

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