Appeal No. 1999-2511
Application 08/847,414
action dated June 24, 1998, Paper No. 25; Answer, page 2).1 We
have jurisdiction pursuant to 35 U.S.C. § 134.
According to appellant, the invention is directed to the
field of heat-applied fabric transfers where the transfer
comprises a laminate, containing a carrier, a thermoplastic
material, and a carrier adhesive which exhibits decreasing peel
strength with increasing temperature (Brief, page 2). A copy of
illustrative independent claim 25 is attached as an Appendix to
this decision.
The examiner has relied upon the following references as
evidence of obviousness:
Asnes 3,922,435 Nov. 25, 1975
Parker et al. (Parker) 4,902,364 Feb. 20, 1990
Liebe, Jr. (Liebe) 5,112,423 May 12, 1992
The claims on appeal stand rejected under 35 U.S.C. § 103(a)
as unpatentable over Asnes in view of Parker and Liebe (Answer,
page 4). We reverse the examiner’s rejection essentially for the
reasons stated in appellant’s Brief, Reply Brief, and the reasons
set forth below.
1 Appellants mistakenly list claims 1-20 and 33-38 as
withdrawn on page 2 of the Brief.
2
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