Ex parte BLOCH et al. - Page 4




          Appeal No. 96-3315                                                          
          Application 08/209,405                                                      



          As a consequence of our review, we have reached the determina-              
          tion which follows.                                                         


                    Like appellants, even if we were to agree that it                 
          would have been obvious to one of ordinary skill in the art to              
          modify Hurst’s roll-form release sheet/tape in the manner                   
          urged by the examiner in view of Williams and Lutzmann (an-                 
          swer, page 4), we are of the view that such modifications                   
          would not produce a pressure-sensitive sealing tape as set                  
          forth in the claims before                                                  
          us on appeal.  Independent claim 1 defines the sealing tape                 
          therein as “consisting essentially of:” A) a thin, biaxially                


          oriented, synthetic-plastic film ply; B) a paper ply cold                   
          laminated to the inner surface of the plastic film ply by a                 
          water-based adhesive to form a laminate; C) a layer of                      
          pressure-sensitive adhesive “coating one side of the lami-                  
          nate;” and D) a release agent “coating the other side of the                
          laminate.  Thus, claim 1 requires a sealing tape having five                
          (5) layers and excludes any other layers that would materially              

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