Ex Parte KLING et al - Page 5




          Appeal No. 2003-0606                                                        
          Application No. 09/281,837                                                  


          (95.5°C) to raise the temperature of the hot blown film to above            
          its orientation temperature" (page 4 of Brief, third paragraph).            
          We are satisfied, however, that the examiner has refuted this               
          argument at page 5 of the Answer.  The examiner's rationale at              
          page 5, second full paragraph, follows:                                     
               Savage teaches how to make water soluble cellulose                     
               ethers.  The process uses a highly concentrated aqueous                
               alkali cellulose solution of 30-60% (2:19-26) in a two                 
               stage reaction.  The reaction temperatures include a                   
               first stage at 30°-40°C, and a second stage of 40°-80°C                
               (2:19-36).  The end product, which is a highly                         
               concentrated solution, forms a gel when cooled to below                
               45°-50°C (2:44-45).  Appellant's [sic, appellants']                    
               argument has incorrectly assumed that a gel is formed                  
               "above" 45°-50°C.  Rather, this gel point is actually a                
               cloud point or the temperature at which the soluble                    
               cellulose ether precipitates from the solution in the                  
               form of a gel (rather than a powder).  Thus, Savage                    
               suggests that a cellulose ether solution requires                      
               heating above 40°C-50°C (104°-122°F) to remain in                      
               solution.  For example, Salzinger uses a very dilute                   
               solution, 0.2% w/w, when coating a film (4:50-60) and                  
               dries the solution at 80°C.  The slow evaporation of                   
               water at this temperature likely allows a good coating                 
               to form uniformly across the polymeric film.  However,                 
               if appellant's [sic, appellants'] argument is correct,                 
               then the solution would gel upon heating before                        
               reaching the drying temperature and therefore would be                 
               unable to form a desirable coating.  It is also noted                  
               that Savage teaches that the thermal stability, or                     
               decomposition temperatures, of the water soluble                       
               cellulose ethers is above 250°C as shown in Table 1                    
               (3:16-32) which further suggests that the cellulose                    
               ether would not be effected by the process temperatures                
               used in the process of Schirmer.                                       



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