Ex parte ARKENS et al. - Page 7




          Appeal No. 1998-3158                                                        
          Application No. 08/467,634                                                  


          groups of a $-hydroxyalkylamide which is separate from fibers               
          which do not appear to be cellulosic fibers and which are not               
          disclosed as containing hydroxyl groups.  The examiner argues               
          that cellulose is a polyol (answer, page 6), but has not                    
          established that Welch would have led one of ordinary skill in              
          the art to use the disclosed catalyst for esterification                    
          reactions generally or for Arkens’ esterification reaction in               
          particular.  The properties obtained by Welch, it is noted,                 
          which are wrinkle resistance and smooth drying properties of                
          fabrics used for garments, do not appear to be useful                       
          properties of Arkens’ nonwoven fabric which is for                          
          applications such as making roofing shingles (col. 1, lines                 
          13-33), is heat resistant (col. 6, lines 17-22), and is                     
          subjected to curing temperatures as high as about 400EC (col.               
          6, lines 28-29).  The examiner argues that Arkens’ teaching                 
          that “[i]t is not necessary to employ a catalyst to effect                  
          curing” (col. 6, lines 32-33) indicates that a catalyst can be              
          used if desired to accelerate the reaction (answer, pages 4-                
          5).  Even if this argument is correct, however, it is not                   
          adequate because, in order for a prima facie case of                        


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