Appeal No. 98-0383 Page 6
Application No. 08/549,869
the type commonly used in food wrap, and among the appellant’s
arguments against the propriety of this rejection is that the
Weder ‘229 cling material is not a “pressure sensitive
adhesive” as commonly defined in the art or as described in the
appellant’s specification. We agree, and we note here that the
examiner’s attempt to cast this argument aside is ill-founded,
in that the reference does not teach, as the examiner has
implied on page 7 of the Answer, that adhesive can be used
instead of the cling material, but teaches that adhesive can be
used to attach the cling material to the wrapper.
Thus, Weder ‘229 fails to disclose or teach the claimed
pressure sensitive adhesive or the detachable backing strip
installed thereupon. Culberg has been cited for its teaching
of placing a backing strip over a pressure sensitive adhesive,
but the examiner has not utilized it beyond that point. Such
being the case, the examiner’s application of the these two
references to the claimed subject matter falls short of
establishing a prima facie case of obviousness with regard to
the subject matter recited in claim 6. We therefore will not
sustain this rejection.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007