Appeal No. 1999-0591 Application 08/581,905 There is no basis on this record for the examiner’s finding that a piece of tape can consist entirely of adhesive material. This finding would require that every adhesive material be considered a piece of tape. The use of tape in the disclosed invention corresponds to the normal definition of a substrate material having an adhesive formed on at least one side thereof. The tape-type adhesive disclosed in Kinsman clearly refers only to an adhesive material and does not disclose a piece of tape. With respect to the remand based on a clarification of the findings related to official notice, what is well known and what is inherent in the prior art, the examiner responds that he only took official notice of the step of cutting the tape and not for the additional steps. While the words “official notice” may have only been attached to the step of cutting, the additional steps were similarly dismissed using findings of what is well known in the art and what would be inherent in the prior art as a substitute for actual evidence in this case. The examiner has not responded to the remand with respect to these additional steps. 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007