Appeal No. 1997-0045
Application 08/241,688
2, line 51, to col. 3, line 3). Jablonsky further teaches that where low frequencies can be employed if
the electrolytic material will produce sufficient heat at such low frequencies which would be provided
by, inter alia, “a metallic conductor . . .which affords a more or less continuous conductive path for
electric currents in the fibrous body” (col. 3, line 61, to col. 4, line 9). This reference further discloses
that the electrolytic material can also be added to, and thus applied with, the adhesive (col. 2, lines 38-
39) and that the adhesive can be applied “by interleaving fibrous laminae with solid films of adhesive”
which can contain “fibrous fillers” and can be paper (col. 3, lines 3-8).
We find that Gallay discloses “providing . . . efficient electrical resistance means in the glue line
of laminated structures whereby, on application of an electric current to such glue line, sufficient heat is
generated therein to set the same” (col. 2, lines 1-6). The electrolytic material used in the adhesive can
be acetylene black and the adhesive can be used as a dispersion in water in the form of a paste to
create the glue line by “brushing, spraying or the like” (e.g., col. 2, line 26, to col. 3, line 15). The
reference further discloses that the adhesive can be applied as a film wherein “such film is preliminarily
prepared . . . [from a] suitable base, such as paper or fabric . . .impregnated with a dispersion prepared
as described above, and the resultant adhesive sheet allowed to dry” (col. 3, line 73, to col. 4, line 6).
We cannot agree with the examiner (answer, pages 7-8) that Gallay would have taught one of
ordinary skill in this art to add electrolyte in water to fibrous material such that the “combination of
electrolyte and fibrous material is made electrically conductive” because Gallay does not add an
electrolytic material separate and apart from the adhesive and further teaches that the formation of the
dispersion of the electrolytic material containing adhesive in water is for purposes of application to a
formed ply or the formation of a solid film, not the separate pieces from which the ply is made. Thus,
we determine that, at best, the combined teachings of Jablonsky and Gallay would have reasonably
suggested to one of ordinary skill in this art that the adhesive to which the electrolytic material has been
added as taught by Jablonsky can be dispersed in water for application purposes as taught by Gallay,
and therefore the combination of references does not result in the claimed invention. See Uniroyal, Inc.
v. Rudkin-Wiley Corp., 837 F.2d 1044, 1050-54, 5 USPQ2d 1434, 1438-41 (Fed. Cir. 1988).
action of February 27, 1995 (Paper No. 16, pages 3-6).
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