Appeal 2006-2343
Application 10/246,620
In re Bigio, 381 F.3d 1320, 1324-25, 72 USPQ2d 1209, 1210-11 (Fed. Cir.
2004).
The Examiner finds that the roll depicted in Figure 1 of Keller is a roll
of punched adhesive tape (ribbon product 10) with a base film (ribbon
material) and adhesive layer (controllable adhesive 14) as claimed (Answer
3). The Examiner further finds that cut 18 shown in Figure 1 of Keller is the
claimed “punched hole” (Answer 3-4).
Appellants argue that the rolled ribbon of Keller does not include the
at least one punched hole of claim 1 (Brief 4-5). This is because, according
to Appellants, Keller incompletely die cuts the ribbon so that portions of the
ribbon can be selectively moved out of the plane of the ribbon, but remain
attached to the ribbon.
With regard to the meaning of “punched hole” in claim 1, looking to
the Specification, we see no limitation on the size or shape of the “punched
hole.” In fact, the Specification states that “[t]he form of the punched hole is
not limited.” (Specification 5:23). The punched hole may be of any shape
and the opening can be of any width. Keller depicts a punched hole on the
roll on the right side of Figure 1. The punched hole is identified at reference
number 18.
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