Appeal No. 1997-1282
Application No. 07/839,369
The examiner’s assertion, however, is not supported by any
factual evidence. The Freedman reference relied on by the2
examiner is directed to “a method and means for using pressure
sensitive adhesive laminating technology.” See column 1,
lines 8-16. One of the pressure-sensitive adhesives employed
may be a hot-melt material. See column 5, lines 60-61.
Nowhere does the Freedman reference, however, teach or suggest
that the pressure sensitive adhesive layers, including those
made of a hot melt material, are equivalent to the claimed
heat-activatable adhesive layers for its labeling process.
Nor does Freedman indicate that the employment of the claimed
heat-activatable adhesive layers is desirable or useful in the
label of the type described in Freedman. Under this
circumstance, we are constrained to agree with appellants that
the examiner has not supplied sufficient evidence to
demonstrate that it would have been obvious to use the claimed
heat-activatable adhesive layers, in lieu of the pressure-
2At page 4 of the Answer, the examiner similarly does not
provide any evidence to support his assertions regarding
dependent claim limitations involving shredding,
classification and separation.
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