Ex parte RAY - Page 2



            Appeal No. 1998-0485                                                                              
            Application 08/365,378                                                                            



            of the aforementioned intermediate layer and adhesive layer.  This appealed subject matter is     
            adequately illustrated by independent claim 1 which reads as follows:                             
                   1.  A device for inhibiting atmospheric ice accumulation on an aircraft structure,         
            comprising:                                                                                       
                   a flexible ice protector;                                                                  
                   an intermediate layer bonded to said flexible ice protector, said intermediate layer       
            having a lesser modulus of elasticity than said flexible ice protector;                           
                   a pressure sensitive adhesive layer bonded to said intermediate layer, said pressure       
            sensitive adhesive layer defining a bonding surface that bonds to the aircraft structure.         
                   The prior art set forth below is relied upon by the examiner as evidence of                
            obviousness:                                                                                      
            Townsend                               4,246,303                 Jan. 20, 1981                    
            The admitted prior art described on page 1 of the subject specification                           
                   All of the claims on appeal stand rejected under 35 U.S.C. § 103 as being unpatentable     
            over the admitted prior art in view of Townsend.  On page 5 of the Answer, the examiner           
            describes his basic position as follows:                                                          
                   The admitted prior art teaches that adhesive backed flexible ice protectors of the         
                   instantly claimed versions are well known (Instant specification, page 1).  The            
                   admitted prior art fails to suggest the use of a double sided adhesive tape                
                   comprising a support having a low modulus of elasticity.                                   
                         Townsend teaches that double sided adhesive tapes with a foam support                
                   layer and acrylic adhesive layers can be used to bond a molding to the outer               
                   surface of a vehicle (column 2, lines 30-36).  It would have been obvious to one of        
                   ordinary skill in the art to use a double sided adhesive tape such as shown by             
                   Townsend to bond the ice protector of the admitted prior art to an airplane                
                   because Townsend shows the tape to be effective for bonding to exterior                    

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