Appeal 2007-0006
Application 10/689,172
wish to take into account the depth, or lack of depth, of any of the evidence
in support of Appellants’ contentions vis-à-vis the teachings of Lange. This
is especially the case given that Appellants are presumably in a better
position than the PTO to explain why the EP ‘756 teachings of an alleged
requirement for employing ambifunctional silane in the primer should
outweigh the predictive and suggestive value of the experimental test(s) of
Lange (the principal applied reference) establishing a good adhesive
property for the adhesive layer to a substrate when using a primer (without
an ambifunctional silane therein). We note that the assignee of record of the
subject application appears to be the assignee of both EP ‘756 and Lange.
This Remand to the Examiner pursuant to 37 C.F.R. § 41.50 (a)(1) is
made for further consideration of a rejection. Accordingly, 37 C.F.R. §
41.50(a)(2) applies if a Supplemental Examiner's Answer is written in
response to this Remand by the Board.
REMANDED
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3M Innovative Properties Company
P O. Box 33427
St. Paul, MN 55133-3427
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