Ex Parte Rabasco et al - Page 2

              Appeal 2006-2931                                                                       
              Application 10/447,009                                                                 
                    We AFFIRM.                                                                       
                    Appellants' invention relates to a nonwoven product comprising the               
              nonwoven web of fibers bonded together with a sufficient amount of binder.             
              The binder comprises a polymer containing vinyl acetate, ethylene, and a               
              cross-linking monomer.  According to Appellants, the improvement in the                
              nonwoven product resides in the use of a polymer having a crystalline                  
              melting point (Tm) ranging from 35 to 90°C (Br. 2).  Claim 1, as presented             
              in the Brief, appears below:                                                           
                    1.  In a nonwoven product comprising a nonwoven web of fibers                    
              bonded together with a polymer comprised of polymerized units of vinyl                 
              acetate, ethylene, and polymerized units of a crosslinking monomer at a                
              binder add-on which is sufficient to bind the fibers together to form a self-          
              sustaining web, the improvement which comprises:                                       
                    said polymer comprised of an aqueous-based ethylene-vinyl acetate                
              polymer emulsion comprised of polymerized units of crystalline ethylene                
              segments, said polymer prepared by emulsion polymerizing vinyl acetate,                
              ethylene, and said cross-linking monomer in the presence of a stabilizing              
              system, and, further, said polymer having a crystalline melting point ranging          
              from 35 to 90 °C as measured by differential scanning calorimetry at a heat            
              rate of 20°C per minute.                                                               
                    The Examiner relies on the following references in rejecting the                 
              appealed subject matter:                                                               
              Mudge US 4,702,957 Oct. 27, 1987                                                       
              Eknoian US 2003/0073777 A1 Apr. 17, 2003                                               
                    The Examiner has entered the following grounds of rejection:                     
              Claims 1-20 stand rejected under 35 U.S.C. §102 (b and e) as anticipated by            
              or, in the alternative, under 35 U.S.C. §103(a) as obvious over Mudge or               
              Eknoian.                                                                               




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