Ex parte SAMMIS - Page 5




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


          temperature of the transfer layer they are either removed by                
          sublimation or converted to a form “which does not interfere                
          with the transfer of the design to the textile.”  See the Reed              
          abstract.  Reed does disclose that particulate polyesters may               
          be used as non-blocking particles in the transfer sheet, but                
          further specifies that such polyesters are low molecular                    
          weight linear polyesters which, when melted, form a phase                   
          separate from the polymeric transfer layer.  See Reed at                    
          column 5, lines 7-11.  Although appellant describes the use of              
          a polyester as the source of his “adhesive-abrasive” particles              
          as a preferred embodiment of his invention, appellant                       
          identifies the particulate polyester for the claimed invention              
          as ground polyester which is “commonly used in the textile                  
          industry to adhere sections of fabric together”.  See the                   
          specification at page 8, lines 22-24.  Moreover, appellant                  
          defines his “abrasive-adhesive” particles as forming “an                    
          extremely strong mechanical adhesive bond when melted into the              
          fibers of a section of fabric” (specification at page 8, lines              
          27-29), not a separate phase which “does not interfere” with                
          the transfer of Reed’s design to the fabric.  Accordingly,                  


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