Appeal 2007-0061
Application 09/531,978
85. An adhesive containing labelstock for use in adhesive labels
which comprises:
(A) A die-cuttable, biaxially stretch-oriented multilayer film
comprising
(A-1) a base layer having an upper surface and a lower surface,
and comprising polyethylene having a density of from about 0.940 g/cm3 or
less, a propylene polymer or copolymer, or mixtures thereof wherein the
base layer is free of copolymers of ethylene with an ethylenically
unsaturated carboxylic acid or ester, and
(A-2) a first skin layer of a thermoplastic polymer bonded to
the upper surface of the base layer, wherein the stretch-orientation of the
multilayer film in the machine direction is greater than the stretch-
orientation in the cross direction by at least 10%, and the tensile modulus of
the multilayer film in the cross direction is 150.000 psi or less, and
(B) an adhesive layer having an upper surface and a lower surface wherein
the upper surface of the adhesive layer is adhesively joined to the lower
surface of the base layer.
The Examiner rejects claims 56-59, 61-69, 76-81, 83-87 under
35 U.S.C. § 102(b) as anticipated by or, in the alternative, under 35 U.S.C.
§ 103(a) as obvious over JP 59-49971 as translated (Nagura). The Examiner
rejects claims 60 and 82 under 35 U.S.C. § 103(a) as obvious over Nagura.
II. DISCUSSION
A. The Rejection of Claims 56-59, 61-69, 76-81, and 83-87 under
§ 102(b)/103(a)
The key limitations at the heart of the dispute between the Examiner
and Appellants are the limitations on the stretch-orientation (as illustrated in
claim 85) and the tensile modulus of the multilayer film (as illustrated in
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