Appeal No. 1999-0384
Application No. 08/597,837
on a base material. While it is the examiner's position that
Japanese '239 teaches the provision of a thermosetting
adhesive layer between a wooden base material and a
thermoplastic film (page 4 of Answer, first paragraph),
appellants correctly point out that "a thermosetting adhesive
is not the same as a colored thermosetting coloring layer, nor
is it suggestive of such a layer . . . a thermosetting
adhesive provides no coloring" (sentences bridging pages 1 and
2 of Reply Brief). The examiner has not explained where in
the applied reference is there described, within the meaning
of § 102, a thermosetting coloring layer, nor has the examiner
offered a rationale why it would have been obvious for one of
ordinary skill in the art to employ a thermosetting coloring
layer for the thermosetting adhesive in the process of
Japanese '239. Manifestly, this constitutes reversible error.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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