Ex Parte KERR - Page 2




            Appeal No. 1999-2410                                                               2              
            Application No. 08/664,462                                                                        




                                                 THE CLAIM                                                    

            Claim 1 is illustrative of appellant’s invention and is reproduced below:                         

                         1.  A pressure sensitive adhesive tape comprising a substrate, a cured primer        
                   composition coated onto said substrate in the form of a primer layer, and a pressure       
                   sensitive adhesive layer coated onto said cured primer composition,                        
                         said cured primer composition comprising a cross-linked phenyl-substituted           
                   siloxane gum,                                                                              
                         said pressure sensitive adhesive layer comprising a high molecular weight            
                   phenyl-substituted, silanol-functional organosiloxane polymer and a silanol-functional     
                   resin, said adhesive layer being at least partially cross-linked to said primer layer and  
                   securely anchored to said substrate.                                                       
                                        THE REFERENCE OF RECORD                                               
            As evidence of obviousness, the examiner relies upon the following reference:                     
            Merrill, “Silicone PSA’s: Types, Properties, and Uses,” Adhesives Age, pages unnumbered           
            (Waterford, NY, Gen. Elec. Co., Mar. 1979).                                                       
                                                                                                             
                                              THE REJECTION                                                   
            Claims 1 through 22 stand rejected under 35 U.S.C. § 103(a) as being                              
            unpatentable over Merrill.                                                                        
                                                 OPINION                                                      
            We have carefully considered all of the arguments advanced by the appellant and the               
            examiner, and agree with the appellant for the reasons set forth in the Brief and below that      
            the rejection of claims 1through 22 are not well founded.  Accordingly, we reverse the            






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