Ex Parte Lhila - Page 6




             Appeal No. 2006-0994                                                                                     
             Application No. 09/898,969                                                                               

                    These arguments are not persuasive.  As correctly set forth by the examiner                       
             (Answer, pages 8-9), Everaerts discloses that there is often interfacial failure between                 
             the primer coating layer and the foam backing (col. 10, ll. 15-34, and col.  23, ll. 1-32,               
             including Table 9).  Accordingly, we determine that one of ordinary skill in this art would              
             have been led to the teachings of Ragland, where this reference teaches the                              
             advantages of a curable urethane primer layer to yield superior short-term and long-                     
             term bond strength between the primer layer and the foam backing in a PSA laminate                       
             (Ragland, abstract; col. 3, ll.      50-52).4  See In re Huang, 100 F.3d 135, 139 n.5, 40                
             USPQ2d 1685, 1688 n.5 (Fed. Cir. 1996)(A suggestion to combine may also come from                        
             the nature of a problem to be solved, leading inventors to look to references relating to                
             possible solutions to that problem).  Furthermore, Ragland specifically refers to De                     
             Santis for the specific composition of the primer layer (Ragland, col. 6, l. 49-col. 7, l. 1).           
             We note that De Santis teaches that his specific primer layer produces advantageous                      
                                                                                                                     
                    4                                                                                                 
                    4 We note that Ragland additionally teaches the use of                                            
             silicone rubbers as a conventional primer (col. 9, ll. 64-65).                                           
             There has been no determination by the examiner or the appellant                                         
             as to whether this conventional primer is the same or similar to                                         
             the claimed primer “silane modified rubber solutions.”  We also                                          
             note the specification fails to further define or provide                                                
             guidelines for this term (see ¶[0056]).                                                                  






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