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. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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