Appeal No. 95-0876
Application 08/006,517
the teaching of the applied reference, in this case the applied reference teaches away
from the modification that the examiner posits for one of ordinary skill in the art. In other
words, it would not have been obvious to provide a liner with the tape of Esmay because
the liner is by Esmay’s own disclosure unnecessary.
We further find that Esmay additionally discloses in Examples 10 and 11, a double-
coated tape made with one side as a repositionable adhesive while the other side is
made as an “ordinary aggressively pressure-sensitive adhesive layer.” In this instance the
tape provides one layer that is cleanly peelable from an ordinary substrate while the first
layer, being aggressively adhesive is not peelable. Esmay discloses that this tape was
applied to an aircraft floor panel which was covered by a polyvinylidene fluoride film. Tests
showed that this tape held the vinyl sheet securely in place against the sort of stresses
experienced by aircraft carpeting in use and that the vinyl sheet with the double-coated
tape could be repeatedly removed for a such purposes as changing the cabin between
passenger and freight configurations. Esmay at column 6, lines 34-39. Therefore, it is our
finding that Esmay discloses a method of using a double-sided tape having first and
second faces with adhesive on both faces including a repositionable adhesive that is the
low-tack second adhesive layer in Example 10 on the first face thereof. In Example 10, the
second adhesive is applied to the vinyl sheet to which it is more or less permanently
affixed. The second object is the aluminum aircraft floor which is contacted by the first
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