Appeal No. 2003-0280 Page 7
Application No. 09/382,120
The pressure-sensitive adhesive coating (26) of Montecalvo is not either
(1) inherently essentially unaffected by high humidity or (2) inherently able to retain its
adhesiveness in environments having a relative humidity of more than about 50%.
Likewise, the pressure-sensitive adhesive coating (26) Montecalvo is not inherently a
relatively hydrophobic material. In our view, the prior art of pressure-sensitive
adhesives clearly establishes (1) that some pressure-sensitive adhesives are
essentially unaffected by high humidity and thus able to retain their adhesiveness in
environments having a relative humidity of more than about 50%; and (2) that some
pressure-sensitive adhesives are affected by high humidity and thus lose their
adhesiveness in environments having a relative humidity of more than about 50%. As
such, the pressure-sensitive adhesive coating (26) Montecalvo does not inherently
possess the functional characteristics set forth in the claims under appeal.
Since the subject matter of claims 1-3, 8 and 9 is not disclosed in Montecalvo for
the reasons set forth above and the examiner has not set forth any rationale as to why
it would have been obvious at the time the invention was made to a person of ordinary
skill in the art to have modified Montecalvo to arrive at the claimed subject matter, the
decision of the examiner to reject claims 1 to 3, 8 and 9 under 35 U.S.C. § 103 is
reversed.
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