Ex parte HUBBARD et al. - Page 5




                   Appeal No. 1999-0737                                                                                                                              
                   Application 08/655,176                                                                                                                            



                   mechanical reasons that Spirg would also prefer the temperature indicator to be an annulus shape to                                               
                   avoid separating of the printed materials from the foil (column 1, lines 53-61).  Thus, even if one were                                          
                   to combine the teachings of Stamper and Spirg it does not appear the result would be a temperature                                                
                   indicating strip disposed on an upper surface of a roof membrane and which operates below the melting                                             
                   point of the roof membrane as required in the claims before us on appeal.                                                                         


                             The main object of Takahara (column 4, lines 46-47) is the preservation and control of low-                                             
                   temperature preserved goods.  Its unique design includes a waxy substrate that is micro-encapsulated                                              
                   so that it does not come into contact with a color developing agent even though it may melt during                                                
                   handling before it is applied to the frozen foods.  These micro-capsules must first be broken under a                                             
                   definite load such as a hand roller before the indicator can perform a color change due to temperature.                                           
                   The indicator of Takahara is designed specifically to activate a color change in a relatively ambient or                                          
                   cold temperature range.  This temperature is far below the temperature level that appellants’ roof                                                
                   membrane heat indicator must operate.  There appears to be no motivation for one of ordinary skill in                                             
                   the art to combine this type of temperature indicator with a process involving the sealing of a roof                                              
                   membrane.                                                                                                                                         


                             It is also noted that each of the independent claims recites the limitation that the temperature                                        
                   indicator strip must change its appearance at a preselected temperature less than the melting                                                     
                   temperature of the roofing membrane.   As pointed out on page 10 of the specification, the indicator                                              
                   strip will not be heated to a temperature as high as the opposite surface of the roofing membrane due to                                          
                   the insulating characteristics of the roofing membrane material.  Thus, the indicator strip must provide its                                      
                   color shift at a temperature below the melting temperature of                                                                                     



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