Ex Parte CABREY - Page 4


          Appeal No. 2002-0983                                                        
          Application No. 09/399,890                                                  

          polyacetate, is critical to ensure the adhesion of the extrusion            
          coated breathable polymer onto the substrate.  (Column 3, lines             
          29-54.)                                                                     
               In contrast to the invention recited in the appealed                   
          claims, Doyle does not describe “a layer of a thermoplastic                 
          resin blended with a high temperature volatile particulate,”                
          i.e. layer c).                                                              
               Topolkaraev discloses a microlayer polymer film useful for             
          making flushable personal care items comprising a plurality of              
          coextruded microlayers including a non-degradable layer                     
          comprising a non-water degradable, melt-extrudable polymer and a            
          degradable layer comprising a water-degradable, melt-extrudable             
          polymer.  (Column 1, lines 44-59.)  Topolkaraev further teaches             
          that both the water degradable and non-water degradable layers              
          may include a particulate filler material to enhance the water              
          vapor permeability of the film.  (Column 7, line 40 to column 8,            
          line 18.)                                                                   
               The examiner’s basic position is that the particulate                  
          filler described in Topolkaraev is a “high temperature volatile             
          particulate” as recited in the appealed claims and that “it                 
          would have been obvious to add the filler of Topolkaraev et al.             
          to the primer layer of Doyle et al. motivated by the desire to              
          enhance the water vapor permeability of the laminate composite              

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