Appeal No. 1997-1423
Application No. 08/421,025
Specifically, in the claimed method, a transparent transfer
layer of thermoplastic material is applied and solidified on a
release layer disposed on a paper sheet. Thereafter, a
plurality of non-water soluble adhesive-abrasive particles are
disposed in the transfer layer for providing a rough surface
such that a crayon rubbed over the surface is abraded to form
a crayon coated surface on the transfer sheet. When the decal
is transferred onto a fabric, the adhesive-abrasive particles
are heated above their melting point to render the particles
adhesive so that a bond is formed with the fabric. As
described in his specification at page 8, lines 27-29, the
adhesive-abrasive particles form “[a]n extremely strong
mechanical adhesive bond when melted into the fibers of a
section of fabric” which “[g]reatly improves the wear
characteristics of the transfer sheet...”.
The examiner’s conclusion that the herein claimed process
would have been obvious to a person of ordinary skill in the
art is necessarily predicated on his factual determination
that certain particulate particles described in the Reed
patent are inherently water-insoluble “adhesive-abrasive”
particles as claimed by appellants. Thus, in his answer at
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