Ex Parte CARROLL et al - Page 2


          Appeal No. 2003-0577                                                        
          Application No. 09/194,378                                                  

          36 (final Office action mailed Dec. 3, 2001, paper 19), which               
          are all the claims pending in the above-identified application.1            
               The subject matter on appeal relates to a breathable                   
          composite sheet material.  According to the appellants, the                 
          composite sheet is useful in apparel, surgical drapes, sterile              
          wraps, packaging materials, protective covers, construction                 
          materials, and personal care absorbent articles such as diapers             
          and sanitary napkins.  (Specification, page 1, lines 6-9.)                  
          Further details of this appealed subject matter are recited in              
          representative claim 27, the only independent claim on appeal,              
          reproduced below:                                                           
                    27.  A breathable composite sheet material                        
               comprising a substrate and a thermoplastic film                        
               adhered directly to the substrate in the absence of an                 
               adhesive,                                                              
                    said thermoplastic film comprising                                
                         at least 50% by weight of a Fraction A                       
                    consisting essentially of polymer from the group                  
                    of block copolyether esters, block copolyether                    
                    amides and polyurethanes,                                         
                         at least 5% by weight of a Fraction B                        
                    consisting essentially of polymer that is                         
                    incompatible with Fraction A, and                                 
                         at least 0.1% by weight of a Fraction C                      
                    consisting essentially of a compatibilizer for                    
                    Fractions A and B; and                                            
                    said substrate comprising at least 50% by weight                  
                                                                                     
               1  The appellants’ request for a continued prosecution                 
          application filed May 30, 2001 (paper 15) included an                       
          instruction for the entry of an “unentered” amendment previously            
          filed on Apr. 30, 2001 (paper 12).  We note, however, that this             
          amendment has not been clerically entered.  The examiner should             
          attend to this matter upon receipt of this application.                     

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