Appeal No. 2006-2538 Page 6
Application No. 10/140,692
The primary references cited by the examiner all disclose hot melt adhesives
comprising an adhesive polymer and a tackifier. Haner, the closest prior art, teaches a
“hot melt adhesive comprising an adhesive polymer, a modified rosin and/or modified
terpene” preferably phenolic-modified rosin and phenolic-modified terpene. Col. 2, lines
42-58. Neither Haner nor the other primary references teach a modified rosin-terpene.
Takigawa discloses a phenol-modified rosin-terpene, produced by a process
similar to the working example in the instant specification: dissolving phenol in a
solvent, adding an acid catalyst and a mixture of a terpene and a rosin. Compare
¶ [0006] of Takigawa with pages 18-19 of the instant specification. Takigawa teaches
using the phenol-modified rosin-terpene as a tackifier in “acrylic pressure sensitivity type
adhesives.” ¶ [0013]. The adhesive formulation is disclosed to be useful for making
“pressure sensitive adhesive tape or an acrylic pressure sensitivity type adhesives
constituent useful to manufacture of sheets” (¶ [0001]) or double-faced tape (¶ [0003]).
In that context, Takigawa teaches that using phenol-modified rosin-terpene as a
tackifier produced “an excellent balance among various properties including
adhesiveness, holding powder [sic] and tack, and especially excellent warpage
resistance as compared with such a composition containing a combination of a rosin
phenol resin with a terpene phenol resin as the tackifying resin.” Abstract.
The problem with the examiner’s rejection is that none of the cited references
teach that the properties conferred on double-faced tape by the use of a phenol-
modified rosin-terpene would also be conferred on the hot melt adhesives taught by the
primary references. Nor do any of the references teach that the hot melt adhesives
taught by the primary references were in need of improved balance among properties
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