Appeal No. 95-1743
Application 08/068,345
If a prior art reference is subject to two plausible
interpretations, then the reference can be said to be ambiguous
and will not support an anticipation rejection. In re Hughes,
345 F.2d 184, 188, 145 USPQ 467, 471 (CCPA 1965). Putting aside
possibility (1), possibilities (2) and (3) (which are appellants'
claim 13 invention) and possibilities (4) and (5) (which are not
appellants' claim 13 invention) may be equally plausible. Hence,
it cannot be said the Hoey unambiguously describes possibilities
(2) and (3).
We have said "may be equally plausible." However, Hoey
further makes the following statement (col. 4, lines 35-37):
When the tape is to be rewound, however, a sheet of
facing material 76 from the roll 74 is interposed
between the adhesive and the backing.
Hoey still further indicates (col. 5, last line to col. 6,
line 6):
The preferred tapes of this invention, however, are
coated with a release coating which improves
unrollability. The coating may be among the well-known
release coatings applied to the uncoated backing fabric
preferably at dead stretch or to the back of the
adhesive coated fabric whether the fabric is faced or
unfaced, by using a reverse roll spreader.
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