Appeal No. 97-4294 Page 31
Application No. 08/294,155
staple fibers (KODEL 430 sold by Eastman)) are inherently
wettable.
Additionally, we find that there is a reasonable basis to
conclude that the binder fibers used by Bair (e.g., 80/20
polyethylene terephthalate/isophthalate copolymer, bicomponent
sheath/core (polyethylene/polyester) binder fiber (sold by
BASF Corp)) are wettable. Bair is silent as to whether or not
his binder fibers are wettable. However, since the
appellants' disclosure (specification, p. 11) informs us that
thermoplastic compositions such as polyethylene and polyesters
such as polyethylene terephthalate are wettable, it is
reasonable to conclude that the binder fibers used by Bair
(e.g., 80/20 polyethylene terephthalate/isophthalate
copolymer, bicomponent sheath/core (polyethylene/polyester)
binder fiber (sold by BASF Corp)) are inherently wettable.
Lastly, from the direct overlap between the claimed
percentages of superabsorbent material, wettable staple fiber
and wettable binder fiber and those disclosed by Bair, we find
that there is a reasonable basis to conclude that Bair's
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