Appeal No. 1997-3611
Application No. 08/439,414
composition which are closely related (see col. 2,
line 55 to col. 4, line 23, col. 5, lines 48-59 and
col. 8, lines 11-18). Freedman further discloses
that the labels are used on containers, bottles (see
col. 4, lines 18-22 and col. 5, lines 56-59).
Recognizing that Freedman does not disclose the claimed
heat-activatable adhesive layer, the examiner asserts (Answer,
page 4) that:
Heat-activated adhesives and pressure-sensitive
adhesives are functionally equivalent for the
purpose of bonding. It would have been within the
purview of one of ordinary skill in the art to
select an adhesive for the desired properties in the
end product such as peel strength including a heat-
activated adhesive.
The examiner’s assertion, however, is not supported by any
factual evidence. The Freedman reference relied on by the2
examiner is directed to “a method and means for using pressure
sensitive adhesive label technology.” See column 1, lines 8-
16. One of the pressure-sensitive adhesives used may be a
hot-melt material. See column 5, lines 60-63. Nowhere does
the Freedman reference, however, teach or suggest that the
pressure sensitive adhesive layers, including those made of a
hot melt material, are equivalent to the claimed heat-
2At page 3 of the Answer, the examiner similarly does not
provide any evidence to support his assertions regarding
dependent claim limitations involving label compositions.
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