Ex Parte MODEN et al - Page 10



          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.                                                                      



                                          10                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007