Ex parte MAZZA et al. - Page 7




          Appeal No. 95-1743                                                         
          Application 08/068,345                                                     

               These last two quoted-portions of Hoey seemingly indicate             
          that the release layer facilitates unrolling by preventing the             
          adhesive from contacting fabric on both sides (the side to which           
          the adhesive is originally applied and the other side when the             
          adhesive-coated fabric is rolled).  The adhesive of appellants’            
          adhesive bandaging material, made in accordance with appellants'           
          process, would contact both the side to which it was applied and           
          the opposite when the material is rolled (because the release              
          layer is between the adhesive and the fabric to which both the             
          adhesive and release layer are applied).  See Figure 1 of                  
          appellants' application.  It may well be that the most plausible           
          interpretation of Hoey is that the release agent is applied to             
          one side of the fabric while the adhesive is applied to the other          
          side.  If so, then Hoey manifestly does not anticipate                     
          appellants' claim 13. Since the teachings of Hoey are less than3                                                     
          clear, it cannot be relied upon as an anticipatory reference.              
               For the above reasons, we cannot sustain the examiner’s               
          rejection under 35 U.S.C. 102(b) of claims 13 and 15 as                    
          anticipated by the Hoey.                                                   




               3Claim 15 depends from claim 13.  Since claim 15 is narrower          
          than claim 13, it likewise cannot be anticipated by Hoey.                  
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