Appeal No. 2006-0468
Application 09/885,395
a first adhesive layer comprising a heat activatable adhesive and carried by the first major
side of the backing layer;
a second adhesive layer other than a hot melt adhesive layer, comprising an elastomeric
microsphere adhesive and carried by the first adhesive layer; and
means for retroreflecting light carried by the second major side of the backing layer.
The references relied on by the examiner are:
Bingham 3,758,192 Sep. 11, 1973
Silver et al. (Silver) 5,118,750 Jun. 2, 1992
Stahl 6,194,044 Feb . 27, 2001
The examiner has rejected appealed claims 19, 20, 22, 24 and 25 under 35 U.S.C.
§ 103(a) as being unpatentable over Stahl in view of Silver (final action mailed November 1,
2004 (final action), pages 2-4), and appealed claims 21, 23 and 26 through 30 under 35 U.S.C.
§ 103(a) as being unpatentable over Stahl in view of Silver, and further in view of Bingham
(final action, pages 4-5).1
Appellants argue claims of each ground of rejection as a group (see brief in entirety).
Thus, we decide this appeal based on independent claims 19 and 26 as representative of the
grounds of rejection and appellants’ groupings of claims. 37 CFR § 41.37(c)(1)(vii) (September
2004).
We affirm.
Rather than reiterate the respective positions advanced by the examiner and appellants,
we refer to the answer and to the brief for a complete exposition thereof.
Opinion
We have carefully reviewed the record on this appeal and based thereon find ourselves in
agreement with the supported position advanced by the examiner that, prima facie, the claimed
labels encompassed by claims 19 and 26 would have been obvious over the combined teachings
of Stahl and Silver with respect to claim 19 and the combined teachings of Stahl, Silver and
Bingham with respect to claim 26 to one of ordinary skill in this art at the time the claimed
invention was made. Accordingly, since a prima facie case of obviousness has been established
by the examiner, we again evaluate all of the evidence of obviousness and nonobviousness based
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