Appeal 2006-2931
Application 10/447,009
range identified by the present specification for producing a polymer with
crystalline ethylene units. Appellants have not sufficiently rebutted the
Examiner's determination that the binder of Mudge is composed of similar
materials and polymerized under similar conditions as the claimed invention.
As such, the Examiner has met the required burden in this case, and
Appellants have failed to meet their burden to establish that the claimed
characteristics are not possessed by the Mudge reference.
CONCLUSION OF LAW
On the record before us, the Examiner has met the required burden in
this case, and Appellants have failed to meet their burden to establish that
the claimed characteristics are not possessed by the Mudge reference. Thus,
the Examiner's rejection is supported by a legally sufficient basis for holding
that the claimed subject would have been anticipated within the meaning of
§102(b) or, in the alternative, obvious within the meaning of § 103(a).
II.
Claims 1-20 stand rejected under 35 U.S.C. §102(e) as anticipated by
or, in the alternative, under 35 U.S.C. §103(a) as obvious over Eknoian.
ISSUE
The Examiner contends that Eknoian describes a nonwoven product
comprising a nonwoven web of fibers bonded together comprising emulsion
polymerized units of vinyl acetate, ethylene, and polymerized units of a
cross-linking monomer. The Examiner contends that the nonwoven product
of the reference is prepared by a similar process and comprises similar
components as the claimed invention. The Examiner recognizes the
reference does not disclose the crystalline segments in the polymer property
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