Appeal No. 2005-1605
Application No. 10/295,072
(c) hot melt coating the fibered bulk polymer
onto a substrate to form a fibered adhesive layer.
Claims 1-22 stand rejected under 35 U.S.C. § 103 as being
obvious over Moon in view of Donermeyer or Röber.
The examiner has withdrawn the rejection of claims 1-22 as
being obvious over Moon in view of Aeling.
The examiner relies upon the following references as
evidence of unpatentability:
Donermeyer et al. 4,219,460 Aug. 26, 1980
(Donermeyer) (Filed Oct. 04, 1978)
Moon 5,932,298 Aug. 03, 1999
(Filed Aug. 17, 1998)
Röber EP 0796 906 Sep. 24, 1997
(Europe Patent Publication; English Translation)
Appellants rely upon U.S. Patent 4,557,960 (Vernon), having
a date of publication of December 10, 1985.
We consider claim 1 in this appeal. See 37 CFR
§ 41.37(c)(1)(vii)(September 13, 2004). Also see Ex parte
Schier, 21 USPQ2d 1016, 1018 (Bd. Pat. App. & Int. 1991).
We have carefully reviewed the appellants’ brief, the
examiner’s answer, and the evidence of record. This review has
led us to conclude that the rejection is well-founded.
OPINION
I. 35 U.S.C. § 103 rejection of claims 1-22 as being
obvious over Moon in view of Donermeyer or Röber
We refer to the examiner’s position set forth on pages
3-5 of the answer with regard to the rejection of claims
1-22 as being obvious over Moon in view Donermeyer, or Moon
in view of Röber.
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