Ex Parte Confalone et al - Page 5



               Appeal 2007-4259                                                                            
               Application 10/417,752                                                                      
               incorporation of opacifying agents into polymeric binders and DeWitt,                       
               which discloses nonwoven formaldehyde-free webs having patterns and                         
               designs, does suggest use of pigments or opacifying agents; but does not                    
               suggest opacifying agents in resins containing N-methylol acrylamide (Br.                   
               8).  Appellants further contend that the addition of the Gorley reference                   
               highlights the deficiency of the Iacoviello and De Witt combination (Br. 10-                
               11).                                                                                        
                      We do not find Appellants’ argument persuasive.  The present record                  
               does not support Appellants’ contention that a person of ordinary skill in the              
               art would not have found it obvious to incorporate opacifying agents in                     
               resins containing N-methylol acrylamide.  A review of the present record                    
               reveals the following:                                                                      
                      The Specification discloses that it was known to formulate an                        
               opacifying coating containing pigment and a binder used to bind the pigment                 
               to fabric (Specification 1).                                                                
                      Iacoviello discloses it was known to form bonded nonwoven fabrics                    
               by impregnating, printing, or otherwise depositing an adhesive bonding                      
               composition on a base web (Iacoviello, col. 1, ll. 26-28).                                  
                      Iacoviello discloses the disposable nonwoven market segment has                      
               become aware of the potential hazards of formaldehyde.  Accordingly, the                    
               use of formaldehyde-containing and formaldehyde-releasing polymers has                      
               come under scrutiny (Iacoviello, col. 2, ll. 18-22).                                        
                      Iacoviello discloses “[t]here is a need for an N-methylol acrylamide                 
               containing binder for making nonwoven products containing low levels of                     
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