Appeal 2007-2440
Application 10/913,902
Discussion
Claimed subject matter is not patentable if it was described in a
printed publication more than one year prior to the date of application for
patent in the United States. 35 U.S.C. § 102(b). Our reviewing court has
indicated that "[a] reference anticipates a claim if it discloses the claimed
invention 'such that a skilled artisan could take its teachings in combination
with his own knowledge of the particular art and be in possession of the
invention.' In re LeGrice, 301 F.2d 929, 936, 133 USPQ 365, 372 (CCPA
1963) (emphasis omitted). In re Donohue, 766 F.2d 531, 533, 226 USPQ
619, 621 (Fed. Cir. 1985)." In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d
1697, 1701 (Fed. Cir. 1995). Thus, the description requirement for
anticipation does not require an embodiment of the claimed subject matter.
An envelope (FF 25) having the refastenable fastening system shown
in Figure 4 is a container having two sealing surfaces with a cohesive layer
12 adhered to each surface, wherein the bond strength between the cohesive
layers is less than the bond strength between the cohesive layers and the
sealing surfaces (FF 21–22). Thus, Kobe describes and anticipates the
subject matter of claim 1.
Moreover, in an envelope having the fastening system of Figure 4, the
cohesive layers 12 are bonded to each other and also to carrier layers 31,
which are in turn adhered, via an adherent layer 17 that is an adhesive, to the
sealing surface (flap and body of the envelope). Thus, Kobe describes and
anticipates the subject matter of claims 10, 11, 13, 14, and 16.
Kobe describes refastenable systems having fastening surfaces and
target surfaces made of SBS and of SIS. (FF 19, 20.) Thus, envelopes with
11
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