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.
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