Appeal No. 2001-0731
Application No. 08/904,868
(Fed. Cir. 1989). The Examiner also asserts that Schneberger teaches the pressure sensitive
sheets can be repositioned and that light pressure can be used. While Schneberger discloses
the pressure sensitive sheet can be repositioned, Schneberger does not disclose pressure is
applied to the sheet before the repositioning of the adhesive sheet. Further, Schneberger
does not indicate that the sheet would have become substantially non-tacky upon release of
pressure. On the record before us, it appears the Examiner has reached this conclusion
based upon impermissible hindsight derived from Appellants’ own disclosure rather than
some teaching, suggestion or incentive derived from Schneberger.
The Examiner relies on Gelardi and Barough, in addition to Schneberger to reject
claims 7, 9 and 11. However, Gelardi and Barough do not remedy the deficiency in the
pressure sensitive adhesive layer having a porous screen described by Schneberger.
CONCLUSION
For the above stated reasons, we cannot sustain any of the § 103(a) rejections before
us on this appeal.
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