Appeal No. 1997-3266
Application 08/374,960
having, in order, a substrate, a release layer, a hot melt
adhesive layer, and ink characters, and discloses hot pressing
this laminate onto a textile material and then removing the
release layer and substrate to produce a textile having ink
characters covered by hot melt adhesive (col. 7, lines 18-61).
The examiner has not established that Borresen’s teaching
of forming a coating, such as a lacquer, would have fairly
suggested, to one of ordinary skill in the art, using a hot
melt adhesive to fasten a thermoset layer to a textile
surface. Moreover, even if such a suggestion were provided,
the relied-upon portion of Yamane does not disclose fastening
such layers. Instead, it discloses forming a layer of hot
melt adhesive on a surface. Thus, even if the references were
combined as proposed by the examiner, the claimed invention
would not be produced.
The examiner argues (answer, page 7):
Yamane was cited for its limited teaching of heat-
transferring a plastic layer onto a cloth substrate.
Those skilled in this art would have recognized that
the thermosettable layer taught by Borrseen could be
applied to the textile layer by a conventional heat
transfer process, as taught by Yamane. While Yamane
describes transferring an indicia-bearing plastic
layer, as Appellants note, Borresen teaches a
separate step of transferring a sublimation dye into
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