RIGGINS et al v. HOLSTEN et al - Page 30



          Interference 103,685                                                          
                    These dye diffusion promoting agents all contain                    
               between 8 and 13 carbon atoms in their structure and                     
               show a positive dyed-only swelling value.  Those amides                  
               containing less than 7 or more than 14 carbon atoms . . .                
               were ineffective, as were all the structures producing                   
               a negative dyed only swelling value.  It thus appears                    
               that a combination of two properties - 7 to 14 carbon                    
               atoms in the molecular structure and a positive swelling                 
               value - is sufficient to define an effective class of dye                
               diffusions [sic] promoting agents for fibers such as Nomex.              
                    7.   Dyeing and Flame Retarding - Two separate                      
               procedures for dyeing and flame retarding have been                      
               described above.  In Procedure A, dyeing and flame                       
               retarding were conducted simultaneously, while procedure B               
               is surprisingly effective in imparting enhanced flame                    
               resistance to Nomex Fibers, in spite of the fact that                    
               much of the diffusion promoting agent has been removed                   
               by scouring.  This result suggests that the diffusion                    
               promoting agent has produced a change in the structure                   
               of the Nomex which makes it easier for flame retardant,                  
               and possibly dyes, to enter the fiber.  Procedure B is                   
               useful for a two-step process for flame retarding Nomex                  
               or for the printing of patterns on Nomex fabric dyed to                  
               a solid background shade.                                                
               Given identical teachings in the specifications of Riggins’              
          patent and Riggins’ involved application that scouring at boil                
          to remove residual diffusion promoting agent after initial                    
          treatment of aromatic polyamide fibrous material or fiber with a              
          dye and/or flame retardant diffusion promoting agent removes                  
          “much” of the diffusion promoting agent, it is unclear from                   
          Riggins’ disclosures that (1) some residual amount of diffusion               
          promoting agent remains on post-scoured aromatic polyamide                    
          fibrous material or fiber, and (2) this residual amount of                    
          diffusion promoting agent, if any, patentably distinguishes the               
                                         -30-                                           




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