Ex Parte Di Stefano - Page 2

                Appeal 2006-2307                                                                               
                Application 10/370,686                                                                         

                Appellant’s invention is directed to an aqueous pressure sensitive adhesive                    
                emulsion blend, a method of preparing such an emulsion, and products                           
                including such a blend.  Claim 20 is illustrative of the claimed subject matter                
                and is reproduced below:                                                                       
                      20. An aqueous based pressure sensitive adhesive emulsion blend                          
                comprising an aqueous pressure sensitive adhesive polymer emulsion and a                       
                high Tg polymer emulsion, said high Tg polymer having a Tg of 50 ēC to                         
                300 ēC and a number average particle size of 80 nm to 1000 nm, said                            
                aqueous pressure sensitive adhesive polymer emulsion having a number                           
                average particle size of less than 500 nm.                                                     
                      The Examiner relies on the following prior art references as evidence                    
                in rejecting the appealed claims:                                                              
                Otsuki    JP 05-2716451  Oct. 19, 1993                                                         
                Rosenski    US 5,319,020  Jun, 07, 1994                                                        
                Brown    US 5,641,567  Jun. 24, 1997                                                           

                      Claims 1-20 and 23 stand rejected under 35 U.S.C. § 102(b) as being                      
                anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as obvious                     
                over JP05-271645.  Claims 1-20 and 23 stand rejected under 35 U.S.C. §                         
                103(a) as being unpatentable over JP05-271645 in view of Rosenski.  Claim                      
                21 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                         
                JP05-271645.  Claim 22 stands rejected under 35 U.S.C. § 103(a) as being                       
                unpatentable over Otsuki JP05-271645 in view of Brown.                                         
                                                  OPINION                                                      
                      We have reviewed each of Appellant’s arguments for patentability.                        
                However, we are in agreement with the Examiner that the claimed subject                        
                                                                                                              
                1 Our references to JP05-271645 in this Decision are to the English language                   
                translation thereof of record.                                                                 
                                                      2                                                        


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