Appeal No. 95-3461
Application 08/056,076
relevant references must be analyzed in order to find fact-based reasons to combine
teachings from the references.
Here, Johnson does not teach that silicates can be used generally in transdermal
patches. Rather, the invention described in Johnson involves a microporous material
which comprises linear ultrahigh molecular weight polyolefin, finely-divided silicate filler,
and a high void content. See, e.g., column 1, lines 14-19, of Johnson. In other words,
Johnson describes the use of a silicate filler in a very specific environment. Thus, the
subsequent suggestion in Johnson that the microporous material of that reference may be
used in transdermal patches, column 14, lines 20-23, must be viewed in the context of the
specific environment of Johnson.
The environment of Cleary into which the examiner proposes to insert the silicate
filler he has extracted from the microporous material of Johnson is described at column 5,
lines 26-54, where Cleary describes the polymers which are useful in providing the
pressure-sensitive adhesive layer 17. This portion of the reference first sets forth
functional definitions for the polymers which are useful in this layer followed by descriptions
of specific polymer types which have the required properties. The examiner has not
explained on this record how the ultrahigh molecular weight polyolefin of Johnson meets
the functional characteristics required by Cleary. The specific polymer types described in
this portion of Cleary do not appear to include ultrahigh molecular weight polyolefin as
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