Appeal No. 95-4587
Application 08/121,668
such as illustrated in Figure 1. The examiner urges further
that there is "absolutely no concrete support in the
disclosure for the two strip adhesive tape structure now
claimed." We will not sustain this rejection.
We agree with appellant that original claim 4 recites a
tape structure with substantially the same scope as appealed
claim 4, and since it was part of the original disclosure, it
provides adequate support, i.e., written description, for
claims 4-6. Nor has the examiner provided any evidence or
cogent reasoning why one of ordinary skill in the art could
not practice the invention of claim 4 without undue
experimentation. Since we are in substantial agreement with
appellants' position as set forth in the brief, we adopt that
position as our own.
The decision of the examiner is reversed.
REVERSED
RONALD H. SMITH )
Administrative Patent Judge )
)
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