Appeal 2007-2144
Application 10/147,015
a release coating disposed on the fibrous material of the porous
substrate; wherein the release coating comprises a thermoplastic
silicone-containing polymer comprising at least about 30% silicone
segments and 1-5% carboxylic acid moieties, wherein the
thermoplastic silicone-containing polymer is deposited out of a
composition comprising water; and wherein the release coating is
penetrated into no more than the top 20% of the fibrous material.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references:
Seth US 6,129,964 Oct. 10, 2000
Leir EP 0 380 236 A2 Jan. 8, 19902
The Examiner has rejected claims 1 through 7, 9 through 17, 19
through 23, 25, 26, and 28 under 35 U.S.C. § 103(a) as unpatentable over the
combined disclosures of Seth and Leir.
The Appellants appeal from the Examiner’s decision rejecting the
claims on appeal under 35 U.S.C. § 103(a).
ISSUES
1. Does substantial evidence support the Examiner’s finding that
the prior art relied upon would have taught or suggested using a pressure-
sensitive adhesive backing layer containing the claimed fiber content within
the meaning of 35 U.S.C. § 103(a)?
2 Both the publication date and/or the teachings of EP 0 380 236 referred to
in the Answer dated June 30, 2006 and the Final Office dated December 1,
2005 indicate that the Examiner has relied on EP 0380 236 A2.
3
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