Ex Parte Brett - Page 6




              Appeal No. 2006-0160                                                               Page 6                
              Application No. 10/029,818                                                                               


              (column 5, line 21), the backing of the bandage is preferable clear and, if made from a                  
              film or foam, is preferably perforated (column 3, lines 27-28).  In light of Vesey’s                     
              disclosure of perforations in the backing strip, the examiner’s application of Arginsky for              
              this feature would appear to be superfluous.                                                             
                     Vesey’s kit further includes a plurality of decorative elements 11 which may be                   
              selected from adhesive stickers and adhesive tattoos.  Adhesive stickers are typically                   
              supplied on a sheet of release paper 15, with each sticker comprising a substrate                        
              printed on one face and carrying an adhesive layer 13 on the other face thereof.  Vesey                  
              discloses that the adhesive material for the decorative elements is a pressure sensitve                  
              adhesive and teaches, in the Example discussed in columns 5 and 6, applying the                          
              adhesive to the release strip, evaporating the volatiles from the adhesive emulsion in an                
              oven and laminating a plasticized polyvinyl chloride film (the substrate) to the adhesive                
              to form a release paper-adhesive laminate which is then printed on the face of the                       
              substrate opposite the adhesive with a decorative pattern which is then cured.                           
              Following curing, the sheet containing the decorative patterns is kiss-scored in                         
              registration with the pattern on the laminate.  The adhesive stickers can then be                        
              removed from the release paper and secured to the display surface of the bandage.                        
                     Amen-Ra A discloses an appliqué for application to a body part, such as a nail,                   
              the appliqué comprising a thin flexible film having an array of decorative rhinestones                   
              adhesively secured on an upper surface thereof and having a self-adhesive layer on a                     








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