Ex parte PIKE - Page 2




               Appeal No. 1998-0240                                                                                                  
               Application 08/522,479                                                                                                


               the number of issues on appeal.  (Brief, p. 1 and Reply Brief, p. 1).  Accordingly, this is a decision on             

               appeal which involves claims 5 and 9-12.                                                                              

                                                           The Invention                                                             

                       The appellant's invention relates to a helically crimped multicomponent conjugate fiber                       

               comprising a first thermoplastic polymer and a second thermoplastic polymer having different                          

               solidification periods.  A nucleating agent is present in the polymer having the shorter solidification               

               period or may be present in both polymers.  (Specification, page 2, line 31 to page 3, line 10 and page               

               6, lines 14-19).  Mineral particles are described as suitable nucleating agents for the polymers.                     

               (Specification, page 6, line 24 to page 7, line 1).  Desirably, the nucleating agent is present in an amount          

               ranging from about 0.005% to about 2% based on the total weight of the component composition.                         

               (Specification, page 6, lines 20-23).  A copy of the claims under appeal is set forth in the appendix to              

               the appellant's brief.  Claims 5, which depends from claims 1-4, and claim 9 are illustrative of the                  

               invention.  Claims 1-5 and 9 read as follows:                                                                         

                       1.  A helically crimped multicomponent conjugate fiber comprising at least a first composition                
                       and a second composition, said first composition comprising a first thermoplastic polymer and                 
                       said second composition comprising a second thermoplastic polymer, said first and second                      
                       thermoplastic polymers having different solidification periods, wherein at least one of said first            
                       and second compositions contains an amount of nucleating agent effective to modify the level of               
                       crimp within said fiber.                                                                                      

                       2.  The conjugate fiber of claim 1 wherein said first and second thermoplastic polymers are                   
                       selected from polyolefins, polyamides, polyesters, vinyl acetate-based polymers, and blends                   
                       and copolymers thereof.                                                                                       

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