Appeal No. 96-0031
Application No. 08/078,918
completely covered with a pressure sensitive adhesive and a release coat, respectively.
Rather, Keeling requires that backing 1 have both its faces coated with a
release layer. Apparently, the examiner has not given full consideration to the claim
limitation that the faces of the substrate are covered with a pressure sensitive adhesive
and release coat. We will also not sustain the examiner's rejection under 35 U.S.C.
§ 103 over Keeling, taken alone, or in view of Encyclopedia Of Chemical Technology. The
examiner has not established a prima facie case of obviousness for the claimed subject
matter by setting forth a rationale why one of ordinary skill would have found it obvious to
modify the structure of Keeling to arrive at the claimed labels which have the opposing
faces of a substrate coated with a pressure sensitive adhesive and a release coating.
We will also not sustain the examiner's rejection of claims 1, 4, 5, 6, 10 and 12
under 35 U.S.C. § 102(b) as being anticipated by Fickenscher. As with the Keeling
reference, Fickenscher does not describe, within the meaning of §102, a substrate having
one face coated with a pressure sensitive adhesive and its opposing face coated with a
release coat. In Fickenscher, the release coat 32 is situated on the barrier layer 30, which
overlays thermosensitive layer 14. Clearly, Fickenscher fails to describe a release coat
substantially completely covering a face of the substrate as
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