Ex parte RUSS et al. - Page 11




              Appeal No. 95-0876                                                                                          
              Application 08/006,517                                                                                      



                     Claims 2, 15, and 23 are rejected under 35 U.S.C. § 103 as unpatentable over                         
              Kellgren and Smith.  We take official notice of the ubiquitous nature of separation                         
              facilitating manifestations found on rolled sheet material throughout our daily life.  As                   
              examples of these separation facilitating manifestations, we count paper towels, toilet                     
              paper, plastic grocery produce bags, pop-up diaper wipes, and postage stamps in rolls or                    
              sheets.   All these examples point to a knowledge in the art that spaced separation-                        
              facilitating manifestations may be included in rolled-up tapes or sheets for the universally                
              recognized advantage of convenient dispensing.  Additionally, Smith shows such                              
              perforations for separating individual products, in this case aprons, from a dispensing roll                
              of the products.  Given this knowledge in the art we are of the opinion that it would have                  
              been obvious to include such separation facilitating manifestations in the double-sided                     
              adhesive tape of Kellgren for the suggested benefit of facilitating dispensing of the tape.                 
              The teaching of the patent to Kellgren combined with the knowledge in the prior art would                   
              have rendered claims 2, 15, and 23 obvious to one of ordinary skill in the art.                             




                                                       Summary                                                            
                     The rejection of claims 17 through 19 and 24 has been affirmed.  The rejection of                    
              claims 1 through 9, 13 through 15, and 20 through 23 under 35 U.S.C. § 103 as                               

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