Ex Parte Brett - Page 7




              Appeal No. 2006-0160                                                               Page 7                
              Application No. 10/029,818                                                                               


              bottom surface thereof.  Amen-Ra A teaches that the adhesive used for securement of                      
              the rhinestones or other materials on the upper surface of the appliqués “may be those                   
              adhesives known in the art which will not dissolve the polymeric substrate and which will                
              act to secure the rhinestones or other materials to the upper surface of the substrate in                
              a secure manner” (sentence bridging columns 4 and 5).                                                    
                     Arginsky, a design patent, simply discloses an adhesive bandage having                            
              decorative indicia thereon.  Figure 1 of the patent appears to illustrate venting openings               
              in the adhesive strip in the central region thereof where the gauze pad is typically                     
              located.                                                                                                 
                     None of the cited references teaches or suggests applying an adhesive deposit,                    
              when in a viscous state, on the display surface of a bandage, flowing the adhesive                       
              deposit into the venting openings therein, as called for in appellant’s claim.  It follows               
              that the combined teachings of the applied references are insufficient to establish a                    
              prima facie case of obviousness of the subject matter of appellant’s claim.  The rejection               
              is not sustained.                                                                                        
















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