Appeal 2007-2897
Application 09/934,777
The Examiner finds that
Williams teaches self-adhereable tape comprising a pre-printed
message such as "Handle with Care" or "Fragile" such that the tape
serves not only to seal a carton, but also to communicate a message.
Williams also teaches indicia related to the address or destination of
the carton. The tape taught by Williams may be dispensed from a
tape-dispensing machine (not shown) which automatically moistens
the gumming layer 22 and cuts the tape to length. (See column 4, lines
7-17).
Okisawa teaches an adhesive tape 1 with repeated pre printed indicia
2 listing the rooms of a house in a side-by-side arrangement. The
destination of the box in which the tape is applied is indicated by
marking the already printed destination room with a circle.
(Answer 4.)
The Examiner concludes:
It would have been obvious to one having ordinary skill in the art at
the time this invention was made to construct the address indicia on
the tape taught by Williams with a room designation[] as taught by
Okisawa to further define the destination of the seal carton.
(Answer 4.)
In order to determine whether a prima facie case of obviousness has been
established, we considered the factors set forth in Graham v. John Deere Co., 383
U.S. 1, 17 (1996); (1) the scope and content of the prior art; (2) the differences
between the prior art and the claims at issue; (3) the level of ordinary skill in the
relevant art; and (4) objective evidence of nonobviousness, if present.
In the present case we find that it was known to those of ordinary skill in the
art to have messages pre-printed on a carrier layer of a tape and it is further known
to customize the message desired on the tape. (Williams, col. 1, ll. 43-53.) It was
also known in the art to customize tape with an address or destination, company
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