Appeal No. 95-1064
Application 07/995,347
the conventional adhesive tape employed with the Warmgel heat
pack, the modification still would not arrive at the claimed
invention. The examiner has presented no factual basis for
concluding that, after modifying Warmgel to incorporate one of
the pre-attached adhesive tapes of Damico, it would have been
obvious to one of ordinary skill in the art to further modify
Warmgel in order to meet the terms of appealed claims 10 and 32.
For this reason alone, the § 103 rejection of independent claims
10 and 32 and, hence, dependent claims 11 through 19 cannot
stand.
The examiner’s decision rejecting the appealed claims is
therefore reversed.
REVERSED
HARRISON E. McCANDLISH, Senior)
Administrative Patent Judge )
)
)
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IRWIN CHARLES COHEN )BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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NEAL E. ABRAMS )
Administrative Patent Judge )
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