Appeal 2007-2897
Application 09/934,777
colors of tapes imprinted with various symbols. (See column 3, lines
39-63).
(Answer 6-7.)
The Examiner acknowledges that Plummer does not teach the
different symbols on the rolls comprising the names of rooms, locations or
destinations. (Answer 7.)
The Examiner, therefore, relies on Williams as teaching a
self-adhereable tape comprising a pre-printed message . . . such that
the tape serves not only to seal a carton, but also to communicate a
message [including] the address or destination of the carton. . . . (See
column 4, lines 7-17).
(Answer 7.)
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 tape dispenser by
Plummer with the pre-printed indicia as taught by Williams to provide
a means to convey the destination or room contents of the box in
which the tape is applied.
(Answer 7.)
We find the Examiner has provided sufficient evidence to support a prima
facie case of obviousness. Plummer teaches that it was known in the art to provide
pressure sensitive tape bearing repeated symbols, including letters, and that the
tape may be of various colors. (Plummer, col. 3, ll. 59-63.) Williams teaches that
it was known in the art to provide a packaging tape with an address or destination.
(Williams, col. 1, ll. 51-54, col. 2, ll. 23-31.) Thus, we find it would have been
obvious in view of the teachings of Plummer and Williams to provide a packaging
tape of different colors with a repeating location or destination printed on the tape.
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