Appeal No. 2001-0346 Page 6
Application No. 08/887,648
barrier 54, and capsules 60. The examiner also determined
that Bootman discloses using Saran film for a barrier in aŽ
fragrance sampler to better protect the user from unwanted
fragrance release. The examiner ascertained (answer, p. 3)
that "Charbonneau discloses most of the elements of the
claims, except for a film and cohesive sealing as recited in
claims 13 and 18." The examiner then concluded (answer, pp.
3-4) that it would have been obvious in view of Bootman to
substitute a film for the volatile barrier of Charbonneau and
to use other desired sealing means such as cohesive as an
alternative method to seal the barrier to itself.
In our view, the examiner did not correctly ascertain the
differences between the prior art and the claims at issue. In
that regard, Charbonneau teaches (column 6, lines 14-18) that
the adhesive that may be used to adhere the treated paper
sheet(s) together (e.g., adhesive 58) to form the enclosed
cavity may be selected from any of the adhesives known in the
art, including pressure-sensitive adhesives, hot melt
adhesives, contact adhesives, or the like. Thus, the
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