Appeal No. 97-1499
Application 08/242,297
In a light most favorable to the examiner's position,
Sackoff describes a laminate (Fig. 6) containing a substrate
layer 106, an adhesive layer 104 and a release layer 100.3
Sackoff also describes a possibility that substrate layer 106
can be composed of two or more separate sub-layers (col. 8,
line 5), including layers of polyvinyl chloride (col. 7, line
67), polyolefins (col. 7, last line) and polyesters (col. 8,
line 1). Sackoff does not say that the two or more sub-layers
are "adhered" one to the other or, if they are adhered, how.
We decline to speculate on the various possible manners in
which the layers might be adhered. Compare In re Hughes, 345
F.2d 184, 145 USPQ 467 (CCPA 1965) (if a reference is subject
to two or more interpretations or possibilities, then it is
ambiguous).
REVERSED.
We note that the adhesive layer and the release layer are on the same side of3
the substrate, whereas claim 19 seems to require that the adhesive layer be on one side
of the substrate and the release layer on the other side. Thus, there is a difference
between the order of the layers in Sackoff Fig. 6 and the subject matter of claim 19.
Applicant has not based the appeal on the difference. Hence, we have not taken the
difference into account in deciding the appeal. 37 CFR § 1.192(a).
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