Appeal No. 2005-0279
Application No. 10/036,708
extrusion lamination method is used to make the reinforced shrink
wrap, other lamination methods, such as an adhesive lamination,
may also be employed” (emphasis added). Especially because this
disclosure militates for the examiner’s position and against the
appellants’, the argument under consideration must be considered
to lack perceptible merit.
The appellants also argue that the here claimed tie layer is
functionally different from Wynne’s adhesive layer. This
argument appears on page 4 of the brief as follows:
The adhesive layer [of Wynne] does not allow slippage of the
grid while simultaneously maintaining lamination. Rather,
as is known in the art, the adhesive layer must delaminate
in order to allow movement of the grid. This aspect of the
adhesive layer is noted by Wynne: “[t]he grid should sag to
prevent further tearing.” Col. 2, ll. 39-40. The “sagging”
effect refers to the delamination of the adhesive from the
grid.
Again, this argument is not supported by the record of this
appeal. In this regard, the appellants urge that “[t]he
‘sagging’ effect [disclosed at lines 39-40 in column 2 of Wynne]
refers to the delamination of the adhesive from the grid” (id.).
However, this disclosure of Wynne does not at any point use the
term “delamination” to describe the desired sagging of his grid.
Contrariwise, patentee explicitly teaches that his “adhesive
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