Ex parte KIMBRELL - Page 2




          Appeal No. 1997-0142                                                        
          Application No. 08/373,721                                                  

          exhaust dyeing a textile article containing polyester fibers                
          which have been previously treated with an aliphatic amine                  
          which includes the step of providing the dye bath with a                    
          harmonizing compound selected from the group consisting of                  
          certain types of ethoxylates.  This appealed subject matter is              
          adequately illustrated by independent claim 1 which reads as                
          follows:                                                                    
               1. In a method of exhaust dyeing a textile article                     
          containing polyester fibers with a disperse dye, wherein the                
          article has been previously treated with an aliphatic amine to              
          reduce the tensile strength of the polyester fibers, the                    
          improvement comprising, providing in a dye bath at least 1.0                
          weight percent, based on the weight of the textile article, of              
          a harmonizing compound selected from the group consisting of:               
                    (a) C -C aliphatic fatty acid ethoxylates having                  
                         8 16                                                         
          from      5 to 15 ethylene oxide residues;                                  
                    (b) C -C  alcohol ethoxylates having from 5 to 15                 
                         8 16                                                         
               ethylene oxide residues; and                                           
                    (c) C -C  aliphatic amine ethoxylates having from 5               
                         8 16                                                         
          to 15 ethylene oxide residues.                                              
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Farmer              4,103,051                Jul. 25, 1978                  
          Navratil et al.     4,655,786                Apr.  7, 1987                  
          (Navratil)                                                                  
               Claims 1 through 20 stand finally rejected under the                   

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