Ex parte SAMMIS - Page 2




          Appeal No. 1997-1423                                                        
          Application No. 08/421,025                                                  


                    applying a transparent layer (16) of fluidic thermo-              
          plastic transfer material directly onto the release agent on                
          the paper sheet (12) for establishing a discrete area of                    
          transfer material on the paper sheet (12) devoid of inks or                 
          other opaque agents and suitable for coloring by a consumer,                
          the transfer layer (16) being adapted to bond to the release                
          agent in ambient conditions and release therefrom in response               
          to a predetermined elevated temperature;                                    
                    solidifying the transfer layer (16);                              
                    disposing a plurality of non-water soluble adhesive-              
          abrasive particles (18) on the transparent layer (16) for                   
          providing a rough surface for abrading crayon (22) rubbed                   
          thereover;                                                                  
                    applying heat to the adhesive-abrasive particles                  
          (18) above the melting temperature of the adhesive-abrasive                 
          particles (18); and                                                         
                    characterized by melting the non-water soluble                    
          adhesive-abrasive particles (18) to form an adhesive (18).                  
          The references of record relied upon by the examiner are :                  
          Reed et al. (Reed)       4,294,641                Oct.      13,             
          1981                                                                        
          Hare                          4,980,224                Dec.                 
               25, 1990                                                               
               The appealed claims stand rejected under 35 U.S.C. § 103               
          as unpatentable over Hare in view of Reed.                                  
               We cannot sustain this rejection.                                      
               The subject matter on appeal is directed to a method of                
          fabricating a decal for transfer onto a section of fabric,                  
          such as a t-shirt, that may be personally colored.                          
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