Appeal No. 2003-0059
Application 09/238,553
Eckberg teaches that the epoxysilicone polymer has release
properties (col. 1, lines 38-42). Freedman ‘165, however,
requires that the first and second polymer layers have a
sufficiently high degree of adherence to each other to withstand
the maximum separation forces imposed as the labels are processed
(col. 2, lines 26-29). The disclosed polymers for obtaining that
adherence are polyolefins (col. 3, lines 13-44). The UV curable
material is applied to only a portion or edge of the second layer
to facilitate peeling (col. 5, lines 27-34). The examiner has
not established that a second layer made of epoxysilicone polymer
would provide the required degree of adherence to the first
polymer layer.
Also, Freedman ‘165 discloses that the UV curable material,
which is applied to the second layer, shrinks upon exposure to
UV radiation, thereby pulling up the edge of the label and
breaking the bond between the first and second polymer layers
(col. 5, lines 27-34). The appellant’s independent claims
require that the silicone layer and the varnish layer are
separable from each other when labels containing these layers are
pulled from a surface. Thus, to establish a prima facie case of
obviousness of the appellant’s claimed invention over
Freedman ‘165 and Eckberg, the examiner has the burden of
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