Appeal No. 98-0383 Page 11
Application No. 08/549,869
time the backing strips are removed. It is our view that it
would have been obvious to one of ordinary skill in the art to
utilize a continuous detachable backing strip over the pressure
sensitive adhesive of Weder ‘638, suggestion being found in the
self evident advantages of protecting the adhesive from
contamination and preventing bonding from occurring until the
proper moment, which would have been known to the artisan, who
is considered to possess skill rather than lack it. See In re
Sovish, 769 F.2d 738, 742, 226 USPQ 771, 774 (Fed. Cir. 1985).
It therefore is our conclusion that the combined teachings
of Weder ‘638 and Culberg establish a prima facie case of
obviousness with regard to the subject matter of claim 6.
SUMMARY
The examiner’s rejection of claim 1 under Section 112 is
sustained.
The examiner’s rejection of claims 1 and 6 under Section
103 is not sustained.
A new rejection of claim 6 under Section 103 has been
made.
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