Appeal No. 2006-1062 Application No. 10/246,994 Regarding claims 6 and 7, we agree with the examiner that, based on De Guzman, it would have been obvious for one of ordinary skill in the art “to provide a tab in cooperation with and extending from each protective sheet cover element in a stack of protective sheet cover elements with an adhesive free tab to facilitate removal of a sheet cover element from the stack as well as enable a quantity of the elements to be ascertained upon visual inspection” (paragraph bridging pages 4 and 5 of answer). We are not persuaded by appellant’s argument that there is nothing in De Guzman “that relates to protecting a surface not being painted from a surface being patented” (page 8 of brief, third paragraph). As explained by the examiner, De Guzman is cited for establishing that it was known in the art to use tabs to facilitate removing a sheet from a stack and to prompt the user regarding the number of sheets remaining in the pack. We also find no fault in the examiner’s conclusion that, based on the teachings of Frazier or Su, it would have been obvious for one of ordinary skill in the art to extend the lower most backing layer from the working surface around to the non- working area to ensure proper tightness or tension of the cover elements, or to inform the user when the bottom layer is reached. 6Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007