Ex Parte YAMAMOTO et al - Page 2




          Appeal No. 2003-0385                                                        
          Application No. 09/348,344                                                  


               a reinforcing layer C having a melting point higher by 20°C            
          or more than that of said hot-melt layer A, said reinforcing                
          layer C being formed on a surface of said hot-melt layer A                  
          opposite the surface having formed thereon the adhesive layer B.            
               The examiner relies upon the following reference as evidence           
          of obviousness:                                                             
          Ishiwata et al.               4,999,242             Mar. 12, 1991           
          (Ishiwata)                                                                  
               Appellants' claimed invention is directed to a hot-melt                
          sheet comprising a hot-melt layer A, a pressure-sensitive                   
          adhesive layer B on one surface of layer A, and a reinforcing               
          layer C formed on layer A "opposite the surface having formed               
          thereon the adhesive layer B."  In other words, hot-melt layer A            
          has adhesive layer B on one surface and reinforcing layer C on              
          the opposite surface.  The reinforcing layer C has a melting                
          point that is 20°C or more than the melting point of the hot-melt           
          layer A.  Appellants' specification, at page 8, discloses                   
          ethylene/vinyl acetate copolymer (EVA) as a suitable                        
          thermoplastic material for the hot-melt layer A, and at page 13             
          teaches polyethylene as an exemplary reinforcing layer C.                   
               Appealed claim 1 stands rejected under 35 U.S.C. § 103 as              
          being unpatentable over Ishiwata.                                           
               We have thoroughly reviewed each of appellants' arguments              
          for patentability.  However, we are in complete agreement with              


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