Appeal No. 1997-1516
Application No. 08/326,501
embodiment wherein a paper base is coated with polypropylene.
While it may be argued that the reference disclosure would
have suggested a paper base coated with polypropylene, such a
suggestion is not tantamount to the description required by 35
U.S.C. § 102. In re Schaumann 572 F.2d 312, 316, 197 USPQ 5,
9 (CCPA 1978). Accordingly, we will not sustain the
examiner's § 102 rejection.
We next consider the examiner's rejection of claims 1, 2,
6, 8 and 9 under § 103 over Hosoda. We will sustain this
rejection as it pertains to claims 1, 6, 8 and 9. In our
view, Hosoda's disclosure at column 3, lines 12-16 would have
suggested a lamination comprising a polypropylene film coated
on a paper base and, as pointed out by the examiner, Hosoda
also discloses that either side of the base may be coated with
an acrylic resin.
While appellant urges that, unlike the present invention,
Hosoda discloses that the acrylic undercoated layer is
situated between the release layer and the support, the
"comprising" language of claim 1 renders it "open" to the
additional layers disclosed by Hosoda and, furthermore, claim
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007