Appeal No. 1997-0833
Application No. 08/363,438
patentability of the pending claims herein in light of Miller's
disclosure in view of the disclosures of Blizzard. Respecting
this issue, we note that counsel for appellants has indicated
in the brief (unnumbered pages 4 and 5) that if Miller were
considered as the "primary reference", Blizzard could be utilized
as a "secondary reference" to "overcome the deficiencies" in
Miller, because Blizzard "discloses pressure sensitive adhesive
compositions wherein random copolymers" including styrene-
butadiene rubbers, are crosslinked with organohydrogenpolysil-
oxane to obtain an improved adhesive bond strength. Presumably,
appellants' statement above is based at least in part on the
disclosure by Blizzard at column 2, lines 2 through 5 that the
adhesion to a substrate, as well as the cohesive strength of the
pressure sensitive adhesive composition itself, can be improved
by curing a pressure sensitive adhesive. Accordingly, in light
of appellants' comments in the brief, the examiner should
reevaluate the patentability of the claims herein in light of the
relevant disclosures in Miller as "a primary reference" in view
of the relevant disclosures in Blizzard, as a "secondary
reference".
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