Ex parte EICKEN et al. - Page 7

              Appeal No. 1997-3589                                                                                            
              Application No. 08/117,013                                                                                      

                      Yanai relates to an aqueous sizing composition comprising a water-soluble acrylic sizing agent          

              and a wax.  The water-soluble acrylic sizing agent of Yanai is modified with a water-soluble saturated          

              polyester resin.  (Yanai, abstract).  The water-soluble polyesters are formed from dicarboxylic acids           

              and diols.  The dicarboxylic acids may be saturated aliphatic, alicyclic or aromatic dicarboxylic acids,        

              such as succinic and adipic acid.  (Yanai, col. 5., lines 11-16).  The diols contain polyethylene glycol as     

              an essential ingredient and may be optionally combined with an aliphatic, alicyclic or aromatic diol, such      

              as polypropylene glycol.  (Yanai, col. 5., lines 26-34).  Suitable molecular weights for the polyethylene       

              glycol include 600 and 2000.  (Yanai, col. 6. composition (b) and col. 7, example 1).  Materials which          

              may be treated with the sizing composition of Yanai include yarns such as polyester filament yarns.             

              (Yanai, col. 6., lines 21-28).  As is known in the art, textile sizes provide improved or increased             

              strength, stiffness, smoothness or weight to filaments.  Indeed, the composition of Yanai improved the          

              weaving efficiency of treated filaments over conventional oiling agents.  (Yanai, col. 7, lines 34-42).         

              Yanai, however, lacks any mention or suggestion that the water-soluble acrylic sizing agent will lubricate      

              the filaments and provide for the necessary slip.                                                               

                      Fujita, U.S. Patent No. 4,968,776                                                                       

                      Fujita discloses sizing agents for glass fibers.  The sizing agents contain a compound having a         

              weight average molecular weight of not less than 20,000 prepared by reacting a polyhydroxy                      

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