Appeal No. 1998-0244
Application No. 08/531,890
would have suggested providing Seth’s matrix layer 3 with the
characteristics of a pressure-sensitive adhesive to permit it
to be adhered to the targeted site is tenable. The same
cannot be said, however, for the examiner’s application of
Morgan and Blackford to overcome Seth’s failure to meet the
particular continuous production steps recited in claims 3 and
4. Seth, Szycher and Sablotsky pertain to transdermal patches
and impart very little detail as to how such patches are made.
Morgan and Blackford, on the other hand, relate to the mass
production of adhesive bandages, and the continuous
manufacturing methods disclosed therein are quite specific to
this particular type of product. While we are not convinced
that Morgan and Blackford are non-analogous to the claimed
invention as argued by the appellants, we are satisfied that
the only suggestion for selectively combining them with Seth,
Szycher and Sablotsky in the manner proposed by the examiner
to arrive at the continuous production processes recited in
claims 3 and 4 stems from hindsight knowledge impermissibly
derived from the appellants’ own disclosure.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of independent claims 3 and 4, or of claim
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