Appeal No. 2005-1415 Page 3
Application No. 09/253,174
attached to and subsequently peeled off said application surface, said adhesive coating remains
on said first area of said sticker and said application surface suffers no damage; and,
at least one weakened tear line, selected from the group consisting of pre-slit cut lines,
perforated lines and microperforated lines, wherein said weakened tear line extends from said
top edge to said bottom edge and wherein said weakened tear line providing a low tear strength
that directs an initial tear, started at either end of said weakened tear line, to propagate along the
path of said weakened tear line by offering lower resistance to tear against an applied tear force.
Claims 13, 15, and 19 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent 5,299,833 issued to Madole, Jr. on April 5, 1994 (Madole).
Appellant states that each of the claims stands on its own (Brief, pp. 4-5). We consider
the claims separately to the extent that they are argued separately.
With respect to claims 13 and 15, we affirm. Because the level of fact finding is
insufficient to allow review of the rejection of claim 19, we do not reach a decision with respect
to that claim, but remand the application to the Examiner to allow for further development of
record. Our reasons follow.
OPINION
With respect to claims 13 and 15, the Examiner has provided evidence that Madole
describes a temporary posting adhesive-covered sticker having each and every feature required
by these claims. Appellant argues that the structure described by Madole has no first area that
extends to the top edge of the sheet that is completely and continuously coated with a non-
destructive adhesive as recited in claims 13 and 15. We cannot agree. Madole describes an
easel pad or flip chart wherein individual sheets are removed from the pad or chart and applied
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