Appeal 2006-1305
Application 10/236,270
grams/10 minutes” of Appellants’ “ethylene copolymer having a high polar
content.” We recognize that the vinyl acetate content of Watanabe’s second
ethylene vinyl acetate copolymer is less than the vinyl acetate content
disclosed for the ethylene vinyl acetate copolymer having high polar content
of the preferred adhesive formulation. However, Watanabe is not limited to
its examples since, as noted above, it teaches higher vinyl contents for his
second EVA.
We find that Watanabe’s Examples 1 through 3 teach making a hot
melt adhesive formulation comprising first and second ethylene vinyl acetate
copolymers, with the second ethylene vinyl acetate copolymer having a
polar content higher than the polar content of the first ethylene vinyl acetate
copolymer and with the second ethylene vinyl acetate copolymer having
melt flow index lower than the melt flow index of the first ethylene vinyl
acetate copolymer.
In addition to the two ethylene vinyl acetate copolymers, Watanabe’s
hot melt adhesive compositions can include a tackifier in the amount of up to
200 weight parts per 100 weight parts of the hot melt composition and a wax
in the amount of up to 150 weight parts per 100 weight parts of the hot melt
composition (Translation 6). Watanabe also teaches the use of a terpene
resin as a tackifier (Translation 11).
The Examiner finds: “Thus, Watanabe clearly recognizes forming a
hot melt adhesive having high heat and cold resistance from a composition
comprising EVAl, EVA2, tackifier, and resin [sic, wax] wherein EVAl has a
low polar content and high melt flow index as it relates to EVA2”
(Answer 5).
7
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