Appeal No. 2003-1889
Application No. 09/367,455
response to action by the examiner, and therefore does not
pertain to arguments presented later in a Reply Brief. In
effect, the examiner has not been given an opportunity to
respond to the separate arguments regarding claims 8, 9, and 10
set forth in the Reply Brief. Therefore, pursuant to 37 CFR
§ 1.192 (c)(7) and (8)(2001), we only consider claim 1 in this
appeal. See also, In re Dance, 160 F.3d 1339, 1340 n.2, 48
USPQ2d 1635, 1636 n.2 (Fed. Cir. 1998).
Claim 1 is set forth below:
1. A wet stick pressure sensitive adhesive
comprising the polymerization product of:
(a) about 30 to about 70 parts by weight of an
(meth)acrylate ester monomer wherein the
(meth)acrylate ester monomer, when homopolymerized,
has a Tg of less than about 10ēC;
(b) about 70 to about 30 parts by weight of a
hydrophilic acidic comonomer; and
(c) about 10 to 100 parts based on 100 parts
(a)+(b) of a non-reactive plasticizing agent,
wherein the pressure sensitive adhesive adheres to wet
substrate surfaces.
The examiner relies upon the following reference as
evidence of unpatentability:
Blake 4,569,960 Feb. 11, 1986
Claims 1-10 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Blake, or under 35 U.S.C. § 103, as being
obvious over Blake.
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