Appeal No. 1997-3306
Application No. 08/234,073
Claims 10-17 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Ishiwata, appellants’ admitted
prior art and Gotman, further in view of Ebe.
The respective positions of the examiner and the
appellants with regard to the propriety of these rejections
are set forth in the final rejection and the examiner’s
answer (Paper Nos. 8 and 12, respectively) and the
appellants’ brief (Paper No. 11).
Appellants’ Invention
A summary of the invention is provided by appellants
at pages 3-7 of the brief.
Opinion
After consideration of the positions and arguments
presented by both the examiner and the appellants, we have
concluded that the rejection of sole independent claim 5
should not be sustained.
At pages 3 and 4 of the final rejection, the examiner
states that “Ishiwata does not teach as a specific
embodiment the particular combination or concentration of
compounds.” He asserts the reference teaches a process for
combining compounds to form a radiation curable tape and
that the process is “not limited by any of the details of
the description, unless otherwise specified, but rather be
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