Ex Parte Rabasco et al - Page 5

              Appeal 2006-2931                                                                       
              Application 10/447,009                                                                 
              binder comprises a polymer containing vinyl acetate, ethylene, and a cross-            
              linking monomer (Specification [0011]).                                                
                    Appellants report an improvement in the nonwoven product resides in              
              the use of a polymer having a crystalline melting point (Tm) ranging from 35           
              to 90°C  (Specification [0011]).                                                       
                    Factors leading to the crystalline ethylene domains within a polymer             
              include the pressure and temperature of polymerization (Specification                  
              [0023]).                                                                               
                    Redox systems can be used for polymerization over a wide range of                
              temperatures generally 60°C or lower.  Suitable redox systems are based                
              upon sulfoxylates and peroxides including sodium formaldehyde sulfoxylate              
              and ascorbic acid and hydrogen peroxide.  (Specification [0024]).                      
                    Example 2 describes a redox system polymerization at a temperature               
              of 60°C employing sodium formaldehyde sulfoxylate.  (Specification [0041-              
              0042]).                                                                                
                    Suitable pressure for introduction of ethylene during the                        
              polymerization process is below 2000 psig.  Preferred pressure for                     
              polymerization ranges from about 500 psig to 1800 psig (Specification 3,               
              section [0027]).                                                                       
                    The following facts are relevant to issue I:                                     
                    Mudge describes nonwoven products comprising the nonwoven web                    
              of fibers bonded together with a binder that comprises an emulsion                     
              polymerized polymer containing vinyl acetate, ethylene, and a cross-linking            
              monomer meeting all the limitations of claim 1, except for the description of          
              “polymerized units of crystalline ethylene segments” and the “polymer                  



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