Appeal No. 2002-2211
Application No. 09/304,393
continuous silicone-gel layers (2, 3) on both sides of the carrier sheet. (Pages 3 and
4; Fig. 1). Fabo does not disclose the density of the silicone gel. However, Fabo
discloses the silicone gel is the type described in GB-A 2,192,142. (Page 5). This is
the same reference cited by Appellants, specification page 7, as describing suitable
silicone gels. Moreover, we note Appellants have not argued that the density of the
silicone-gel layer of Fabo are different from the claimed invention. (See Brief in
its entirety). Consequently, we agree with the Examiner that the invention of claim
1 is unpatentable over the Fabo reference.
Appellants argue that the Examiner has not established the claimed invention
is prima facie obvious because Fabo does not render obvious “a method of using a
silicone gel composition to adhere a first substrate to a second substrate. In fact, the
reference teaches away from the present invention when it suggests the inclusion of
the top layer (4)” (Brief, pp. 4-5).
We do not agree. As pointed out by the Examiner, Answer page 4, Figure 1
describes a device wherein two substrates (4, 5) are adhered to one another through
the use of a carrier layer having continuous silicone gel layers applied on both sides
of the carrier sheet. The claimed invention is not limited to specific substrate types.
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