Appeal 2006-2197
Application 10/068,824
adhesion of a coating as part of a laminate. There are multiple aspects to
laminate adhesion, as is illustrated by ASTM Test Method F2226-03,
Section 4.6 and FIG. 2 on pg. 2, provided in Appendix II. The term
“laminate adhesion” includes the adhesion of each layer within the multi-
layer laminate to an adjacent layer, the adhesion of the multiple layers to the
support, and adhesion of all the laminate layers together. Laminate adhesion
failure can occur between any two layers of the multi-layer structure, not just
at the interface of a layer with the substrate or at the interface of a layer with
a layer containing acetoacetylated poly(vinyl alcohol). The cited prior art
contains a different term, that is, simple “adhesion”, which refers to the
adhesion between a layer and the adjacent substrate. Simple adhesion is
understood by those of ordinary skill in the art to refer to the relationship
between the substrate and layer applied directly to the substrate. See ASTM
Test Method D3359-02, especially the Appendix at X1.3.2., provided in
Appendix II. The inventive element presently claimed has an adhesion
promoting overcoat layer over inner layer(s). The use of this layer improves
the adhesion of all the layers, both to adjacent layers and to the substrate. In
“laminate adhesion” as presented used, the substrate is not in contact with
the adhesion promoting overcoat layer. In the prior art, enhanced
“adhesion” involves an adjacent layer. Therefore, the definitions of the
terms “adhesion” and “laminate adhesion” are not synonymous and the
reference cannot anticipate the present claims.
Appellant’s arguments and evidence are not persuasive. The ASTM Test
Method F 2226-03 disclosure does not provide a specific definition for the phrase
“laminate adhesion.”3 The reference to section 4.6 of ASTM Standard F 2226-03
also does not provide a special definition for “laminate adhesion.” Appellant in his
discussion of laminate adhesion on Brief page 9 recognizes that failure can occur
between any two layers of a multilayer structure. Appellant also recognizes that
3 It is noted that ASTM Test Method F 2226-03 provides a terminology section on
page 1. The discussion of the various terminology in the portion of the reference
does not provide a special meaning to the phrase “laminate adhesion.”
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