Appeal No. 2006-2004
Application 10/022,823
the fibers (answer, pages 3-4 and 4). There is no dispute that the pH sensitive binder of Evani
and the anionic polymers of Geer are complexing agents falling within claim 16, which more
specifically are polymeric anionic reactive compounds and polymeric aldehyde functional
compounds falling within claims 18 and 19, respectively.
Appellants submit that one of ordinary skill in the art would not have been motivated to
treat the cellulosic material containing textile fibers of Schrell with the complexing agents of
Evani and Geer which are used in paper making, and even if this person would have applied the
complexing agents to Schrell’s textile fibers containing a polyvinylamine, there is no expectation
that the complexing agents would bond the polyvinylamine to the cellulosic material of the
textile fibers as required by claim 16 (brief, e.g., pages 6, 7, 9 and 10; reply brief, e.g., pages 4-
5). The examiner maintains that Evani and Geer provide the motivation to use the complexing
agents by teaching that strength and disposability are enhanced, and since Schrell treats
cellulosic material with a polyvinylamine and a complexing agent of Evani or Geer is used to
treat such fibers, “it is reasonable to presume that the complexing agent would function in the
same way as it does in the instant claims, since all the claim limitations would be met” (answer,
pages 6-7). In this latter respect, the examiner contends that “the claims recite that the cellulosic
material is ‘treated’ with the polyvinylamine, but do not specify what is meant by treatment, i.e.,
coating, incorporating into the material which makes up the cellulosic fibers themselves, etc.”
(id., page 7).
We find that Schrell would have disclosed to one of ordinary skill in this art that the
polyvinylamines disclosed therein are used to modify cellulosic fibers by addition to the
cellulose and viscose solutions and spinning the modified cellulosic fibers from the solutions, the
polyvinylamine modifiers remaining “occluded in the fibers and are not washed out in the course
of the subsequent” processing which is necessary to obtain fibers with improved dyeing
properties (e.g., col. 1, l. 58, to col. 3, l. 64; Schrell Examples 1 and 2). Schrell would have
further disclosed that the modified cellulosic fibers are “processed into woven and knitted
fabrics” which are dyed with, among others, acid dyes (e.g., col. 3, l. 65, to col. 4, l. 61).
We further find that Evani would have disclosed that a pH sensitive binder is disposed
between the fibers of a non-woven web such that “the individual fibers of the mat [sic, web] are
adhered to each other” by the binder to enhance “wet strength and easy disposability,” wherein
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