Ex Parte Bond et al - Page 2

                Appeal 2007-2603                                                                              
                Application 10/958,559                                                                        

                      a. destructurized starch;                                                               
                      b. a thermoplastic polymer, and                                                         
                      c. a plasticizer;                                                                       
                      wherein said highly attenuated fibers contain less than 1% free water.                  
                4. A nonwoven web comprising highly attenuated fibers consisting of:                          
                      a. from about 5% to about 85% of destructurized starch,                                 
                      b. from about 15% to about 90% of a thermoplastic polymer                               
                             having a molecular weight of from about 5,000 g/mol to about                     
                             500,000 g/mol, and                                                               
                      c. from about 2% to about 70% of a plasticizer,                                         
                      wherein said highly attenuated fibers contain less than 1% free water                   
                      and thermoplastic polymer microfibrils are formed within the starch                     
                      matrix in the highly attenuated fiber.                                                  
                      The Examiner relies on the following prior art references to show                       
                unpatentability:                                                                              
                Tomka US 5,362,777 Nov. 8, 1994                                                               
                Ryan US 6,506,873 B1 Jan. 14, 2003                                                            
                      The Examiner made the following rejection:                                              
                      Claims 1-9 under 35 U.S.C. § 103 as unpatentable over Ryan in view                      
                of Tomka.                                                                                     
                                                   ISSUE                                                      
                      Based on the contentions of the Examiner and the Appellants, the                        
                issue before us is:  Are the facts and reasons relied on by the Examiner                      
                sufficient to establish that a person of ordinary skill in the art would have                 

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