Appeal 2006-2307
Application 10/370,686
713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465
U.S. 1026 (1984)). Anticipation under this section is a factual deter-
mination. See In re Baxter Travenol Labs., 952 F.2d 388, 390, 21 USPQ2d
1281, 1283 (Fed. Cir. 1991) (citing In re Bond, 910 F.2d 831, 833, 15
USPQ2d 1566, 1567 (Fed. Cir. 1990)).
In the case before us, the Examiner has determined that JP05-271645
describes a pressure sensitive adhesive blend comprising first and second
polymers corresponding to Appellant’s polymer blend. The Examiner has
determined that JP05-271645 describes an aqueous pressure sensitive
adhesive comprising a polymer emulsion blend including a first polymer
having a Tg of 50 °C or greater with a particle size of 0.2 micron (i.e. 200
nm) and a second polymer having a particle size of 0.5-1.0 micron (i.e. 500-
1000nm).3 In addition, the Examiner has pointed to the description in JP05-
271645 of a comparison Example 6 wherein a polymer emulsion blend of a
first polymer (Production Example 3) having a particle size of 180 nm is
blended with a dispersion of a second polymer (Production Example 6)
having a high Tg of 79 °C and a particle diameter of 105 nm (Answer 3-4,
and JP05-271545 at 6-11). Moreover, the Examiner notes that Table 3 of
JP05-271645 reports strong adhesion properties for the pressure sensitive
adhesive of comparison Example 6 (Answer 4 and 6, and JP05-271645 at 6-
11).
3 Appellant does not dispute this determination of the Examiner. Nor does
Appellant dispute the Examiner’s determination “that the translation's ‘mm’
is in fact a representation of ‘µ’. This can be gleaned from the original
Japanese text. Also note l mm = l µ = 1 micron = 1000nm.” Answer 3.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007