Appeal 2007-2144
Application 10/147,015
Preferably, this backing layer is a continuous film so as to also
prevent adhesive migration from the adhesive layer into and
through the nonwoven backing layer. This results in less
contamination of the overlying non-woven pressure sensitive
adhesive tape… and corresponding better adhesion to substrates
to which this loop tape fastening material is subsequently
applied. Generally, the nonwoven backing layer should have at
least 25 percent by weight….of fibers from 15 to 50 denier,
preferably 15 to 30 denier with the remainder comprising fibers
less than 15 denier, preferably from 3 to 9 denier. [Emphasis
added.]
Consistent with the above broad description of the preferred embodiments,
Seth also claims a nonwoven backing layer containing an unspecified
amount of 15 to 30 denier fibers (col. 7, ll. 35-43). Consequently, we concur
with the Examiner that Seth’s disclosure as a whole would have suggested to
one of ordinary skill in the art to employ, inter alia, a nonwoven pressure-
sensitive adhesive backing layer having the claimed fiber content (little less
than 25 percent by weight of fibers from 15 to 30 denier and the remainder
(greater than 75%) comprising 3 to 8.9999 denier). In re Lamberti, 545 F.2d
747, 750, 192 USPQ 278, 280 (CCPA 1976)(“[A]ll disclosures of the prior
art, including unpreferred embodiments, must be considered.”). Moreover,
we note that at least one preferred fiber content of Seth’s backing layer, i.e.,
at least 25% by weight of fibers from 15 to 30 denier and 75% or less by
weight of fibers below 9 denier, is so close to the fiber content of the
claimed backing layer that both the backing layers taught or suggested by
Seth and recited in claim 1 are reasonably expected to have the same or
similar properties. Titanium Metals Corp. v. Banner, 778 F.2d 775, 783,
227 USPQ 773, 779 (Fed. Cir. 1985) (A prima facie case of obviousness
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