Appeal No. 95-4120
Application No. 07/943,901
comparative factual analysis between the claimed adhesives and
the adhesives of Loggins, such as made in In re Spada, 911 F.
2d 705, 708, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990), cannot be
undertaken. Accordingly, the examiner’s stated rejections of
the appealed claims cannot be sustained.
REMAND
This application is remanded to the examiner to consider
a rejection of at least independent claims 1 and 16 under
35 U.S.C. § 103 over Loggins based on the rationale that the
parameter of adhesive strength (level) for the respective
adhesive coatings on the upper and lower faces of the stickers
described in Loggins would have been recognized by one of
ordinary skill in this art as a result effective variable in
light of the disclosures in Loggins at column 1, lines 15-20;
column 1, line 66 to column 2, line 8; column 2, lines 26-40;
column 3, lines 20-31; column 4, lines 17-30; and column 5,
lines 29-36. Ordinarily, the discovery of a workable or
optimum value of a result effective variable(parameter) is
within the skill of the art. In re Boesch, 617 F.2d 272, 276,
205 USPQ 215, 219 (CCPA 1980). Consideration should also be
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