Appeal No. 2001-1698
Application 08/864,176
We find that one of ordinary skill in this art would have known that a multilayer adhesive
tape containing an adhesive layer on both sides thereof, such as that of Schwarz, can be formed
by coextruding the layers of the multilayer carrier using the method taught in Leonard (e.g., col.
2, line 59, to col. 5, line 8, and col. 7, line 18, to col. 10, line 25).5 Indeed, Leonard teaches that
the core or backing layer of the multilayer carrier can be “foamed” plastic material, including
foamed polyolefins and polyurethanes, while the skin or intermediate layer of the multilayer
carrier can be plastic material (e.g., col. 6, lines 10, 13-14 and 31-59). The foamed plastic core
or backing of the multilayer carrier of Leonard corresponds to the foamed plastic layer taught in
Schwarz. Compare Leonard Fig. 2 (col. 4, line 43, to col. 5, line 8) with Schwarz Figs. 1 and 2
(col. 3, line 51, to col. 4, line 23).
Appellants submit that there is no suggestion in the applied references for coextruding a
void containing core or backing layer and a void-free skin or intermediate layer (brief, pages
5-7). The difficulty we have with appellants’ argument is that Leonard teaches that this carrier
layer can be a foamed plastic and thus would inherently contain the “voids” described and
claimed for the foamed core or backing layer prepared by the claimed method encompassed by
appealed claim 1 (specification, e.g., page 6, line 29, to page 7, line 2) while the plastic material
of the adjacent skin or intermediate layer(s) would not contain such “voids.” We find that
Leonard does not disclose any method of preparing the foamed plastic layer. However, we agree
with the examiner that Cohrs would have taught one of ordinary skill in this art that expandable,
volatile fluid foaming agent containing thermoplastic synthetic resinous monocellular
microspheres can be combined with matrix forming synthetic resins, including e.g., polyolefins
and other elastomeric polymers, to provide synthetic resinous foam and the composition of resin
and microspheres can be extruded in conventional manner using conventional extrusion
equipment (cols. 1-3 and Table I). Indeed, Cohrs discloses
the steps of the method comprising admixing the microspheres and matrix forming
material, heat plastifying the matrix material and mechanically working the mixture to
form a matrix about the microspheres without causing expansion thereof, subsequently
passing the mixture into a zone of lower pressure wherein the microspheres expand to
5 We point out here that contrary to the examiner’s findings, Komiya coextrudes the pressure-
sensitive adhesive layer and its release layer, separately extrudes the single base layer, and then
combines theses layers in a press-roll (abstract; translation, e.g., pages 2, 4 and 7-8).
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