Appeal No. 1997-1423
Application No. 08/421,025
page 7, the examiner contends that the polyester particles
employed in Reed’s transfer process “[w]ill inherently exhibit
the same physical properties (‘adhesive-abrasive’) of the
polyester particles used in the present invention (emphasis
added)”. To support this argument, the examiner observes that
appellants’ “adhesive-abrasive” particles may be polyester
particles as described in the specification at page 8, line
22. On the other hand, appellant argues that the Reed
particles are neither adhesives nor abrasives as required by
the language of their claims. See the brief at page 5 and the
Sammis declaration at page 2. For the reasons below, we agree
with appellant that the examiner has failed to meet his burden
of establishing as a factual matter that the Reed particles
are inherently “adhesive-abrasive” particles as claimed by
appellant.
Reed discloses a heat transfer sheet (used for the
application of designs to textiles) which comprises a flexible
carrier sheet or web bearing a transfer layer of a polymer
composition which is rendered non-blocking at normal
temperatures by a particulate solid dispersed therein. Reed’s
solid particles are so selected that at the melting
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