Ex Parte Varanese et al - Page 6

                  Appeal 2007-2440                                                                                         
                  Application 10/913,902                                                                                   
                  8. Miller states that "[t]he layers 7 and 11 on the outer surfaces of the                                
                  laminate shown in FIG. 5 are a permanent type of adhesive."  (Miller                                     
                  at 3:53–55.)                                                                                             
                  9. U.S. Patent 6,004,670, issued to James J. Kobe et al. ("Kobe") states                                 
                  that it "relates to non-tacky contact responsive fastener systems" that "can be                          
                  repeatedly closed and opened."  (Kobe at 1:15–18.)                                                       
                  10. According to Kobe, "[t]he fastening component of the system                                          
                  comprises a contact responsive fastening layer which has a surface that has                              
                  essentially no surface tack, is multiply releaseable and refastenable against a                          
                  non-tacky target surface."  (Kobe at 1:53–57.)                                                           
                  11. Kobe teaches that various rubbery polymers can be used as the contact                                
                  responsive layer, including styrene copolymers.  (Kobe at 3:29 through 4:4;                              
                  see especially 3:39–40 and 4:3–4.)                                                                       
                  12. The Examiner finds that Miller describes a package in Figure 2                                       
                  "having two sealing surfaces and a pressure-sensitive adhesive reclosure                                 
                  comprising two pressure-sensitive adhesive layers (5, 12) having a bond                                  
                  strength there between which is less than the bond strength between the                                  
                  adhesive layers and the sealing surfaces."  (Examiner's Answer ("Answer")                                
                  mailed 13 November 2006, at 3.)                                                                          
                  13. The Examiner concludes that Miller discloses the claimed container                                   
                  and reclosure "except for the cohesive layers of the reclosure. "  (Answer                               
                  at 3.)                                                                                                   
                  14. The Examiner finds further that Kobe teaches a cohesive reclosure of                                 
                  natural, synthetic, or styrenic rubber, and concludes that it would have been                            
                  obvious to substitute the pressure sensitive adhesive layers taught by Miller                            

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