Appeal No. 2001-1698
Application 08/864,176
form a plurality of hollow, generally monocellular particles within the matrix and
cooling the mixture below the heat plastifying temperature. [Col. 1, lines 37-46.]
We find that the mechanism of the action of the microspheres described by Cohrs is the
same as that specified in appealed claim 1. In view of the teaching of Leonard that the foamed
layer can be formed by coextrusion with the plastic material layer(s) and the teachings of Cohrs
that the resin containing the microspheres can be extruded in conventional manner, we are not
persuaded that a mixture of a matrix resin containing the microspheres cannot be coextruded by
appellants’ mere argument that Cohrs “is limited to extrusion of a single resin charge” because it
“contains no teachings in respect to coextrusion of multiple resin charges” (reply brief, page 1).
We further find that, as appellants point out, the combined teachings of Schwarz, Leonard
and Cohrs do not address “the smoothing and leveling step of the claimed method” (brief, pages
5, 6-7 and 8-9; see also reply brief, pages 2-3). While the examiner submits an argument in this
respect relying on Schwarz and Raabe,6 we find that the use of a plastic skin or intermediate layer
on one or both sides of a foamed plastic core or backing layer of the multilayer carrier was
known to one of ordinary skill in this art from Schwarz and Leonard.
Thus, the issue here is whether the coextrusion of the plastic for the skin or intermediate
layer(s) and the mixture forming the foamed plastic core or backing layer through a die as taught
to one of ordinary skill in this art by Leonard would inherently result in a “smoothing or
leveling” of the core layer by the skin layer as specified in appealed claim 1. Compare
specification, page 12, lines 5-8, and page 12, line 26, to page 13, line 21, from which it is
apparent that there is no additional step of smoothing or leveling of the skin layer subsequent to
the coextruded layers exiting the extruder die. We note in this respect the disclosure that “[t]he
shaped skin and core charges are joined just prior to exiting through die opening 24a in a known
manner” (id., page 12, lines 6-8).
6 We agree with appellants (brief, e.g., pages 6, 8 and 10-11; reply brief, pages 2-3) that the
method of forming a plastic backed adhesive tape for applying to a foamed plastic article taught
by Raabe is not combinable with Schwarz, Leonard and Cohrs. Indeed, the plastic backed tape
applied to the foamed plastic article would not have been considered by one of ordinary skill in
this art with respect to a multilayer adhesive tape containing a foam layer as shown in Schwarz
and Leonard.
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