Ex Parte Varanese et al - Page 3

                  Appeal 2007-2440                                                                                         
                  Application 10/913,902                                                                                   
                  (Indentation, paragraphing, and bracketed labels referring to Figure 1B                                  
                  added.)                                                                                                  
                         Specification Figure 1B is reproduced below:                                                      









                  {Specification Figure 1B is said to depict an embodiment of the claimed                                  
                  invention.}3                                                                                             
                         The Examiner has relied on the following references as evidence of                                
                  unpatentability:                                                                                         
                                Miller  3,827,625  Aug. 6, 1974                                                            
                                Kobe  6,004,670  Dec. 21, 1999                                                             
                  B. Findings of Fact                                                                                      
                         The following findings of fact as well as any set out in the Discussion                           
                  are supported by a preponderance of the evidence of record.  To the extent                               
                  any "finding of fact" is a conclusion of law, it should be so treated.                                   
                  1. According to the specification,                                                                       
                         [t]he cohesive layers are typically prepared from polymers that                                   
                         have cohesive properties.  Cohesive property is the property of                                   
                                                                                                                          
                  3 The captions in curly braces following the Figures are provided so the                                 
                  publication of this Decision on the USPTO website complies with                                          
                  Section 508 of the U.S. Rehabilitation Act: they are not part of the Decision.                           
                                                            3                                                              

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