Ex Parte Confalone et al - Page 2



               Appeal 2007-4259                                                                            
               Application 10/417,752                                                                      
                      Claim 1 is illustrative:                                                             
                      1.  A fibrous nonwoven material comprising chemically bonded fibers                  
                      wherein said fibers are bonded by a polymeric binder composition,                    
                      wherein said binder is present in an amount which is sufficient to bind              
                      the fibers together to form a self-sustaining web in the presence of                 
                      liquid, and wherein said binder composition comprises:                               
                      a) from 55 to 96 percent by weight of a film-forming polymer, based                  
                      on the binder composition solids, comprising N-methylol acrylamide                   
                      or a mixture of N-methylol acrylamide and acrylamide;                                
                      b) from 4 to 45 percent by weight of one or more opacifying agents,                  
                      based on the weight of the binder composition solids; and                            
                      c) 0 to 2 percent by weight of one or more adjuvants, based on the                   
                      binder composition solids.                                                           
                      The Examiner relies upon the following references:                                   
               Gorley GB 2,328,451 A Feb. 24, 1999                                                         
               Iacoviello US 4,449,978 May 22, 1984                                                        
               DeWitt US 4,529,465 Jul. 16, 1985                                                           
                      Appealed claims 1-5 and 8-16 stand rejected as unpatentable as under                 
               35 U.S.C. § 103(a) over Iacoviello in view of DeWitt further in view of                     
               Gorley.                                                                                     
                      Based on the contentions of the Examiner and the Appellants, the                     
               issues before us are:                                                                       
               (1) Has the Examiner made accurate and sufficient factual findings such that                
               it is reasonable to conclude that one of ordinary skill in the art would have               
               been motivated to utilize opacifying agents in a binder composition                         

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