Appeal No. 1996-2645
Application 08/229,910
obvious to one of ordinary skill in the art to substitute an adhesive layer for the straps (20)
and (22) taught in the device of Gardiner as an art recognized equivalent for accomplishing
the same result. We do not agree with this reasoning since Gardiner discloses the use of
reusable straps for securing the device to a person’s thigh with the clear intent that the
device is to be used repeatedly. An adhesive layer is normally intended to attach a planar
sheet-like material such as a bandage to a person’s skin once. Upon being removed from
the person’s skin, the adhesive layer becomes ineffective and is disposed of. Therefore,
an adhesive layer would not allow the device of Gardiner to be repeatedly reused and
reattached to a person’s thigh, and as a consequence would destroy the function and
purpose of the Gardiner device. The remaining references do not rectify the deficiencies
of Gardiner.
For these reasons, we reverse the rejection under 35 U.S.C. § 103.
NEW GROUND OF REJECTION UNDER 37 CFR § 1.196(b)
Claims 1 through 3 and 5 are rejected under 35 U.S.C. § 102(b) as being
anticipated by Schaar.
Schaar describes a perforated adhesive tape suitable for use as surgical and first-
aid tape bandages. The tape consists of a perforated layer of material (41) having an
adhesive layer (49) on a back side thereof, wherein the perforated layer (41) has a top
side with at least one perforation (42) extending from the top side through the material and
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007