Appeal 2007-0885
Application 10/053,497
ISSUE
The Examiner contends that it would have been obvious to select
ethylene n-butyl acrylate copolymer and a modified terpene tackifier for use
as an adhesive in binding substrates based on Yang’s disclosure of using
these components in a hot melt adhesive. Appellants contend that Yang’s
disclosure is limited to reactive hot melt polyurethane adhesives, which are
not encompassed by the present claims. The issue for us to decide is: Have
Appellants demonstrated that the claim language excludes the reactive hot
melt adhesive components used in Yang’s composition?
For the reasons discussed below, we answer this question in the
negative.
RELEVANT FINDINGS OF FACT
1) Yang discloses an adhesive composition for providing
better adhesion to difficult-to-bond substrates. (Col. 5, ll. 56-57).
2) Yang teaches that “[e]thylene-vinyl monomer thermoplastic
polymers are preferably used in the adhesives.” (Col. 8, ll. 42-43).
3) Yang discloses that “[e]thylene methyl acrylate copolymers,
ethylene n-butyl acrylate copoymers and ethylene ethyl acrylate
copolymers are also useful to the present invention.” (Col. 8, l.
65-col. 9, l. 1).
4) In a preferred embodiment, a hydrocarbon tackifying resin,
such as a styrenated terpene resin, is included in Yang’s adhesive
composition. (Col. 8, ll. 26-27 and 33-34).
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