Appeal No. 2003-0385
Application No. 09/348,344
Appellants maintain that assuming the polyethylene layer of
Ishiwata corresponds to the claimed reinforcing layer C, "there
is no disclosure or suggestion of the melting point of the
reinforcing layer being 20°C or higher than that of the hot-melt
layer as presently claimed" (sentence bridging pages 4 and 5 of
principal brief). We concur with the examiner, however, that
inasmuch as the EVA and polyethylene layers of Ishiwata
correspond to appellants' disclosed hot-melt layer and
reinforcing layer, respectively, it is reasonable to conclude
that the polyethylene layer of Ishiwata has a melting point that
is at least 20°C higher than the melting point of the EVA layer.
We find this particularly reasonable inasmuch as Ishiwata teaches
that the high-density polyethylene layer has a softening point of
127°C whereas appellants' hot-melt EVA layer has a melting point
of 105°C or lower. Furthermore, insofar as the examiner
correctly explains that the sheets of Ishiwata and appellants
have the same utility, it would have been obvious for one of
ordinary skill in the art to select a reinforcing layer that has
a higher melting point than the hot-melt layer.
Appellants set forth at page 2 of the Reply Brief that "[i]t
is the Examiner's position that EVA at the pressure sensitive
adhesive layer side of Ishiwata et al corresponds to the
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