Appeal No. 2005-2458 4
Application No. 10/003,900
Examiner cites In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (1955), in support of
her position.
Appellants argue that McGuire “does not teach, disclose, or even remotely
suggest the claim limitation as presented in Appellants’ claim.” (Brief, p. 6). This is
because, according to Appellants, McGuire discloses an adhesive thickness range from
about 0.0005 inch to about 0.002 inch, a range greater than the claimed range of about
0.00001 to about 0.0002 inch (Brief, p. 6). Thus, according to Appellants, “it is hard to
understand how Appellants’ claimed range can even be considered a ‘discovery [of] the
optimum or workable ranges.’” (Brief, p. 6).
Appellants’ argument overlooks the true nature of McGuire’s disclosure. The
portion of McGuire disclosing specific thickness ranges is, in fact, merely providing a
preferred thickness range for a specifically mentioned preferred composition made by
H. B. Fuller Co. See column 17, lines 39-52 which states:
For fabrication of an adhesive-containing, three-dimensional,
nesting-resistant sheet material, a preferred layer of substance 16 is
preferably a latex pressure sensitive adhesive about 0.001 inch (0.025
mm) thick. Even more preferably, layer of substance 16 may be about
0.0005 inch (0.013 mm) thick layer to about 0.002 inch (0.051 mm) thick
layer of hot melt adhesive, specification no. Fuller HL-2115X, made by H.
B. Fuller Co. of Vadnais Heights, Minn. Any adhesive can be used which
suits the needs of the material application. Adhesives may be
refastenable, releasable, permanent, or otherwise. The size and spacing
of protrusions is preferably selected to provide a continuous adhesive
path surrounding protrusions so that air-tight seals may be made with a
target surface.
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