Appeal 2007-0502
Application 10/318,567
already crosslinked polymer rather than one that is “not yet crosslinked”
(i.e., “crosslinkable” as required by the claims) (Br. 6-7).
We cannot sustain the Examiner’s § 102(b) rejection over Gander for
the reasons below.
Gander discloses that his invention is directed to “silane-crosslinked
interpolymers of alkyl acrylates” (Gander, col. 1, ll. 19-21). The “silane-
crosslinked interpolymers” are formed by reacting the various monomers, a
coupling agent, and an organic solvent to form a polymer solution (Gander,
col. 5, ll. 37-65). Gander further discloses that “[t]he crosslinking reaction
does not, however, occur until the polymer solution is dried by driving off
the [organic] solvent” (Gander, col. 5, l. 68 to col. 6, l. 2). After the
polymer solution is dried by driving off the organic solvent so that
crosslinking occurs by condensation of the polymers, Gander discloses that
crosslinked films are formed that are “clear, flexible and have surfaces
which may be slightly cohesive” (Gander, col. 6, ll. 30-31). The crosslinked
films are then laminated to “fiber webs” to form a composite product or are
used to make bedpan liners or bags for containing urine, for example
(Gander, col. 7, ll. 35-40, col. 10, ll. 11-15, 29-31).
From the above disclosures, Gander only uses a crosslinked polymer
to form his products (i.e., bags, bedpan liners or composite products). The
Examiner’s rejection indicates that she interprets Gander as disclosing only a
crosslinked polymer (i.e., “The Gander reference teaches water soluble
silane crosslinked polymeric compositions employed as binder materials for
nonwoven webs, or as films (Abstract)” (emphasis added)) (Answer 3).
In contrast, Appellants’ claims recite the absorbent composite
comprises “an absorbent crosslinkable binder composition” (i.e., the binder
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