Appeal No. 2007-0692
Application No. 10/729,973
THE PRIOR ART
Panduit discloses an adhesive-backed cable tie mount that is backed
with a pressure-sensitive foam tape adhesive (Answer 4; Panduit at 29). The
mount comprises: a raised open bridge-like structure for inserting wires, a
foam strip support (part of the pressure-sensitive adhesive tape), and a
pressure sensitive adhesive tape which is used to attach the mount to a
surface (Id.). The opening in the mount is “to secure wire bundles or other
light objects to smooth surfaces.” (Panduit at 29.)
DISCUSSION
An anticipating reference must describe the patented subject matter
with sufficient clarity and detail to establish that the subject matter existed in
the prior art and that such existence would be recognized by persons of
ordinary skill in the field of the invention. In re Spada, 911 F.2d 705, 708,
15 USPQ2d 1655, 1657 (Fed. Cir. 1990); Diversitech Corp. v. Century
Steps, Inc., 850 F.2d 675, 678, 7 USPQ2d 1315, 1317 (Fed. Cir. 1988).
The illustration of the cable tie mount in Panduit shows that it
comprises two top surfaces attached to the self-adhesive form tape: an upper
raised platform surface which lies on a wider bottom surface base. (See
Reply Br. 9.) The raised platform is a bridge that forms an opening through
which wires are inserted (Panduit at 28; Reply Br. 10). The Examiner
asserts that the top surfaces of the mount meet the claimed requirement of a
tongue-engaging plate (Answer 5).
We do not agree. The “tongue-engaging plate” is required to confine
and hold the tongue when in contact with it. We are not persuaded that the
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