Appeal No. 1997-3282
Application No. 08/189,314
2 3
have as "an essential character" or "property" thereof, a
CDBI of greater than about 70 percent. The fact that a
certain result may occur or be present in the prior art is not
sufficient to establish the inherency of that result or
characteristic. In re Rijckaert, 9 F.3d 1531, 1534, 28 USPQ2d
1955, 1957 (Fed. Cir. 1993); In re Oelrich, 666 F.2d 578, 581-
582, 212 USPQ 323, 326 (CCPA 1981).
Contrary to the examiner's position, Shibano discloses,
from column 13, line 37 through column 14, line 21, that:
the release layer in the pressure sensitive adhesive
products may be a polymer or mixture of two or more
polymers. In either case, it is important that the
8 2
shearing modulus is less than 2.0 X 10 dyne/cm , and
that the surface wettability expressed in terms of
an equilibrium contact angle with respect to a
standard liquid is more than 55 , said liquid having o
a surface tension of 50 dyne/cm and used in JIS K
6768 test. The polyolefinic elastomers that meet
the requirements as defined just above include
ethylene-alpha olefin copolymers having a density of
2Inherent is defined as involved in the constitution or
essential character of something. Webster's Ninth New
Collegiate Dictionary, Merriam-Webster, Inc. 1984.
3A "property" of a material is defined as a quality or
trait belonging and especially peculiar to the material.
Webster's Ninth New Collegiate Dictionary, Merriam-Webster,
Inc. 1984.
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