Appeal No. 1998-0485
Application 08/365,378
environment. In this regard, we agree with the appellant that the here claimed environment of a
flexible ice protector bonded to an aircraft structure is significantly more hostile than
Townsend's environment of moulding adhered to a vehicle body. Plainly, an adhesive tape
entirely adequate in the latter environment might be completely inadequate in the former
environment.
Under these circumstances, it is our determination that the here applied prior art does
not contain a suggestion and a reasonable expectation of success with respect to using the
double-sided tape of Townsend for bonding a flexible ice protector to an aircraft structure as
proposed by the examiner. Thus, we agree with the appellant that the rejection before us is
based upon the inappropriate “obvious to try” standard. In re O'Farrell, 853 F.2d at 903, 7
USPQ2d at 1681. It follows that we cannot sustain the examiner's § 103 rejection of the
appealed claims as being unpatentable over the admitted prior art in view of Townsend.
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