Appeal No. 95-2270
Application 08/005,856
32. Based on his findings, the examiner concluded
that it would have been prima facie obvious to use the silicon
pressure-sensitive adhesive of Goodwin as the silicon pressure-
sensitive adhesive in Doehnert along with another natural or
synthetic gum-like adhesive.
Applicants' position
33. According to applicants, "the use of a
crosslinking agent in the mixture of silicone pressure sensitive
adhesive and organic pressure sensitive adhesive is critical ***"
(Brief on appeal, page 5). In support of their argument,
applicants point to Example 3 (no crosslinking agent and no shear
resistance) and to Example 4 (use of crosslinking agent resulting
in shear resistance).
34. Applicants go on to say that they "are unable to
find any teaching or suggestion in either Goodwin or Doehnert ***
of the use of a cross-linking agent in combination with a mixture
of organic pressure sensitive adhesive and silicone pressure
sensitive adhesive ***" (Brief on appeal, page 5).
B. Discussion
The critical issue in this case is whether the mono- or
polyalkyl silicate or for that matter the "resin," described by
Goodwin (col. 2, line 49 and lines 31 et seq.) is a "silicone
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