Ex Parte HOYT et al - Page 4




          Appeal No. 2003-0580                                                        
          Application No. 09/139,081                                                  


               Jenkins discloses a method for “improving the stain                    
          resistance, lightfastness and ozone resistance of nylon,                    
          especially nylon carpet” (col. 1, lines 11-13).  Jenkins teaches            
          that “[c]ationic dyeable nylons contain SO3H groups or COOH                 
          groups within the polymer structure in an amount sufficient to              
          render the nylon fiber dyeable with a cationic dye which groups             
          are receptive to cationic or basic dyes” (col. 1, lines 24-28)              
          and that “[c]ationic dyeable nylons generally exhibit inherent              
          stain resistant properties, especially to acid-type stains”                 
          (col. 1, lines 34 and 51-52).  Jenkins dyes cationic dyeable                
          nylon fibers with acid dyes or premetalized acid dyes at a pH of            
          about 4.0 to 6.5, fixes the dyes to the fibers, and produces,               
          from the fibers, carpet having improved stain and ozone                     
          resistance and lightfastness properties (col. 1, lines 11-13                
          and 62-65; col. 12, lines 7-10).  Two of Jenkins’ dyes (Acid                
          Blue 277 and Acid Red 361, col. 6, lines 14 and 18) are among the           
          appellants’ acid dyes (specification, page 16, lines 4-5).                  
               Jenkins does not disclose that nylon 6,12 is cationic                  
          dyeable.  However, Jenkins teaches that “[a]n affinity for                  
          cationic dyes is usually imparted by the incorporation of a                 




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