Ex Parte Varanese et al - Page 9

                  Appeal 2007-2440                                                                                         
                  Application 10/913,902                                                                                   
                         New Ground of Rejection                                                                           
                         We enter the following NEW GROUNDS OF REJECTION pursuant                                          
                  to 37 C.F.R. § 41.50(b):                                                                                 
                         Claims 1–5, 10, 11, 13, 14, and 16 are rejected under 35 U.S.C.                                   
                  § 102(b) as anticipated by Kobe; or as obvious under § 103 over Kobe.                                    
                         The new ground of rejection is based on the following findings of                                 
                  fact:                                                                                                    
                  17. Kobe teaches a fastening system that has "at least one contact                                       
                  responsive fastening layer which has essentially no surface tack, is multiply                            
                  releasable and refastenable against a non-tacky target surface."  (Kobe                                  
                  at 1:52–57.)                                                                                             
                  18. According to Kobe, the target surface may comprise another                                           
                  essentially tack free surface.  (Kobe at 3:17–18.)                                                       
                  19. Kobe provides an example of a refastenable fastening system in which                                 
                  the fastening surface and the target surface are SBS (styrene-butadiene-                                 
                  styrene block copolymers) or SIS (styrene-isoprene-styrene block                                         
                  copolymers).  (Kobe at 11:65 to 12:22.)                                                                  
                  20. According to Kobe, the results of T-peel and dynamic shear tests were                                
                  comparable to butadiene-acrylonitrile polymers, and no blocking (permanent                               
                  bonds between the SBS fastening surface and the SBS target surface) was                                  
                  observed after 22 hours of contact.  (Kobe at 12:19–22.)                                                 






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