Ex Parte Smith et al - Page 9




              Appeal No. 2005-1595                                                                     9               
              Application No. 09/870,180                                                                               


                     For the foregoing reasons and the reasons set forth in the Brief, we are constrained              
              to agree with the appellants that the examiner has not demonstrated, by preponderance of                 
              evidence, that the UV curable resin taught by Chau inherently or necessarily has                         
              pressure-sensitive adhesive properties.  Hence, on this record, we cannot sustain the                    
              examiner’s decision rejecting claims 22 through 30, 32 and 35 under 35 U.S.C. § 103(a) as                
              unpatentable over the combined disclosures of Chau, Stamm and Rowland.                                   
                                                     CONCLUSION                                                        
                     In view of the foregoing, we affirm the examiner’s decision rejecting claims 31, 33,              
              34 and 36 under 35 U.S.C. § 103(a), but reverse claims 22 through 30, 32 and 35 under                    
              35 U.S.C. § 103(a).                                                                                      

























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