Ex Parte Rabasco et al - Page 9

              Appeal 2006-2931                                                                       
              Application 10/447,009                                                                 
              possessed in the cited reference.  Specifically, the issue is whether the              
              Examiner has shown that the nonwoven product of Eknoian comprising a                   
              nonwoven web of fibers bonded together with an emulsion polymerized                    
              polymer comprising vinyl acetate, ethylene, and a polymerized cross-linking            
              units of a monomer that would reasonably be expected to possess                        
              “polymerized units of crystalline ethylene segments” and the “polymer                  
              having a crystalline melting point ranging from 35 to 90°C as measured by              
              differential scanning calorimetry at a key rate of 20°C per minute”                    
              properties and, if so, whether Appellants have established that the product of         
              Eknoian does not possess the recited characteristics.                                  
                                           FINDINGS OF FACT                                          
                    The following facts are relevant to issue II:                                    
                    Eknoian 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                  
              having a crystalline melting point ranging from 35 to 90°C as measured by              
              differential scanning calorimetry at a key rate of 20°C per minute” (Section           
              [0052]).                                                                               
                    Eknoian describes the preferred reactor pressure for polymerization of           
              ethylene ranges from 700 to 1400 psi (Section [0050]).                                 
                    Eknoian describes redox polymerization systems that employ                       
              temperatures of about 50° C and sodium formaldehyde sulfoxylate in                     
              Examples 11-20 (Section [0097]).                                                       



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