Appeal No. 1998-0240
Application 08/522,479
Upon return of this application to the jurisdiction of the examiner, the examiner and appellant
should determine whether Pike’s exemplified TiO concentrate is encompassed by appellant’s
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“nucleating agents” especially in light of the specification’s clear teaching that mineral particles are
suitable nucleating agents. In particular, the examiner is directed to “The Effect of Pigments on the
Development of Structure and Properties of Polypropylene Filaments” by Y. Lin et al., ANTEC 1991,
pp. 1950-1954, which describes the effects of adding pigments to polypropylene fibers. Lin
specifically tested the effects of TiO as a white pigment for polypropylene. (Lin, page 1952, table 1).
2
In particular, the examiner’s attention is drawn to Lin’s statement that:
The pigment additions act as nucleating agents and change the crystallization kinetics and
morphology of spherulites. In the spinline the pigment additions cause crystallization to occur at
higher temperatures and at shorter distances from the spinneret during melt spinning. (Lin, page
1951, col. 2).
Additionally, the examiner is directed to Needham, U.S. Patent No. 5,366,675 which teaches that
titanium dioxide and talc are suitable nucleating agents for polyolefins, e.g., polyethylene, and that the
nucleating agents preferably have a particle size ranging from about 0.1 to 25 microns. (Needham, col.
2, lines 21-23, col. 4, lines 28-35 and col. 4, lines 46-48). Furthermore, the examiner is directed to
Bowen, Jr., U.S. Patent No. 6,007,991 which describes thermoplastic filaments having nucleating3
agents such as TiO and talc. (Abstract and col. 6, lines 2-3).
2
3Although this reference is not available as prior art against the claimed subject matter it has
been cited as representative of the state of the art.
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