Appeal 2006-2931
Application 10/447,009
I.
Claims 1-20 stand rejected under 35 U.S.C. §102(b) as anticipated by
or, in the alternative, under 35 U.S.C. §103(a) as obvious over Mudge.
ISSUE
The Examiner contends that Mudge describes a nonwoven product
comprising a nonwoven web of fibers bonded together comprising emulsion
polymerized units of vinyl acetate, ethylene, and polymerized units of a
cross-linking monomer. The Examiner contends that the nonwoven product
of the reference is prepared by a similar process and comprises similar
components as the claimed invention. The Examiner recognizes the
reference does not disclose the crystalline segments in the polymer property
or the crystalline melting point of the polymer property as specified by the
claimed invention. The Examiner concludes that it is reasonable to presume
that the same properties would be possessed by the nonwoven product of
Mudge (Answer 4).
Appellants contend that the Mudge reference does not include any
teaching of crystalline ethylene segments in the polymers or the crystalline
melting point of the polymers disclosed therein. Appellants contend the
composition of the polymer, alone, is not a viable indicator as to the
properties of the polymer. The crystalline structure of polymers depend
upon the structure of the polymers and the manner in which ethylene is
incorporated into the polymers to form the crystalline structure (Br. 5).
Appellants contend the method by which Mudge produces the polymer
indicates to a person of ordinary skill in the art that the polymers would not
contain crystalline ethylene segments (Br. 5). In support of this position,
Appellants refer to Examples 10-13 of the present Specification. Appellants
contend that it cannot be argued that a polymer will inherently have certain
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