complaint - berry v. intertape

8/8/2019 Complaint - Berry v. Intertape

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANA

EVANSVILLE DIVISION

BERRY PLASTICS CORPORATION,Plaintiff,

)) C1'1', I!l ' j I,Ut\'""IJ. f"}iJ t ~ ,;'"jl ,,; i 11 # . . . ' ~ 0'"It'rJrJl) 'Ott. , V

v. ) Civil Action No. _

INTERTAPE POLYMER CORPORATION,

Defendant.

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JURY TRIAL DEMANDED

---------------)COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff Berry Plastics Corporation, by and through its attorneys, for its Complaintagainst Defendant, alleges as follows:

1. This is an action for declaratory judgment pursuant to 28 U.S.C. 2201 thatDefendant's U.S. Patent No. 7,476,416 is invalid and unenforceable under the patent laws of theUnited States, Title 35, United States Code.

PARTIES2. Plaintiff, Berry Plastics Corporation is a corporation organized and existing under

the laws of the State of Delaware, having its principal place of business at 101 Oakley Street,Evansville, Indiana 47710. Except where otherwise noted, Berry Plastics Corporation is referredto herein as "Berry Plastics."

3. Defendant, Intertape Polymer Corporation is a corporation organized and existingunder the laws of the State of Delaware, having its principal place of business at 3647 CortezRoad West, Bradenton, Florida 34210. Except where otherwise noted, Intertape Polymer

Case 3:10-cv-00076-RLY-WGH Document 1 Filed 05/13/10 Page 1 of 10


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Corporation is referred to herein as "Intertape."JURISDICTION AND VENUE

4. This is an action for a declaratory judgment pursuant to 28 U.S.C. 2201, for thepurpose of determining a case of actual controversy between the parties, as hereinafter morefully appears. Jurisdiction is proper pursuant to 28 U.S.C. 1331, 1338(a), and 2201. Venue isproper in this district pursuant to 28 U.S.C. 1391.

BACKGROUND5. Intertape is the listed assignee of U.S. Pat. No. 7,476,416 (the '''416 patent"),

issued January 13,2009.6. Intertape is engaged in the business of manufacturing, distributing, and selling a

variety of tapes including adhesive tapes.7. Berry Plastics is engaged in the business of manufacturing and selling a variety

of products including plastic packaging, thermoformed products, flexible films, tapes (includingadhesive tapes) and coatings and directly competes with Intertape.

8. Intertape, through its attorneys, sent a notice letter dated November 12, 2009(hereinafter "the Letter") to Berry Plastics asserting ownership of U.S. Pat. No. 7,476,416 andrelated published U.S. patent application Nos. US20070196572, US20070173622,US20080058483, and US20090048407. A copy of the Letter is attached hereto as Exhibit A. TheLetter required Berry Plastics to take actions to avoid infringing Intertape's patent rights. TheLetter also requested a visit by Intertape to Berry Plastics' plant prior to commercial productionto ensure Intertape's patent rights are not violated. The '416 patent claims, inter alia, a processfor preparing an adhesive including a step whereby primary raw materials are mixed in acompounding section of a planetary roller extruder with at least one spindle that is a double

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transversal mixing spindle with a plurality of back-cut helical flights.9. Berry Plastics has taken substantial steps in meaningful preparation for the

manufacture and sale of adhesive tapes including substantial capital investment at one of itsmanufacturing plants for commercial production and sale of adhesive tapes.

10. Berry Plastics has purchased from Entex Rust & Mitschke GmbH (hereinafter"Entex") a planetary roller extruder having a double transversal mixing spindle with back cuthelical flights for the purpose of manufacturing and selling adhesive for tapes.

11. The planetary roller extruder that Berry Plastics purchased from Entex has beeninstalled in Berry Plastics' Franklin, Kentucky facility and is currently capable of producingadhesive for tapes.

12. Since at least May 3, 2010, Berry Plastics has been using the planetary rollerextruder purchased from Entex to test and make adhesive for tapes.

13. Berry Plastics intends to be manufacturing and offering for sale tapes made withadhesive using the planetary roller extruder purchased from Entex by June 1,2010.

14. By letter to Intertape's counsel dated January 22,2010, Berry Plastics requested acovenant not to sue from Intertape with respect to any use of the Entex planetary roller extruderand any product made using that machinery. True and correct copies of that letter and therequested covenant not to sue are attached as Exhibits B and C. Intertape has advised through itscounsel that it will not provide the requested covenant not to sue. Its counsel responded toExhibits Band C with a letter dated March 4, 2010 stating that they "believe strongly that ourclient's patent is both valid and enforceable" and stating Intertape was "willing to resolve thismatter by licensing Berry's production of duct tape under the '416 patent." A true and correctcopy of that letter is attached as Exhibit D.

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COUNT 1 - UNENFORCEABILITY15. Plaintiff Berry Plastics incorporates each of the preceding paragraphs 1-14 as if

fully set forth herein.16. Entex was an exhibitor at the National Plastics Expo, June 2003, Chicago, IL.

(hereinafter "the Expo 2003").17. Entex displayed extruder equipment and distributed brochures describing

planetary extruders with double transversal mixing spindles with back cut helical flights at theExpo 2003. The brochures indicated that the planetary extruder having double transversal mixingspindles with back cut helical flights could be used to extrude rubber, a non-thermoplasticmaterial to form an adhesive.

18. Two employees of Intertape, Mr. David Kovach and Mr. Thomas Lombardo, bothnamed inventors on the'416 patent, were present at the Expo 2003.

19. Mr. Kovach and Mr. Thomas Lombardo visited Entex's exhibitor booth, wherebrochures describing the planetary extruder having double transversal mixing spindles with backcut helical flights were provided to them. A true and correct copy of the Entex brochure isattached hereto as Exhibit E.

20. The process of using the planetary extruder to extrude non-thermoplasticmaterials to form adhesive was explained to Mr. Kovach and Mr. Lombardo by Entex personnelat the Expo 2003.

21. On November 24, 2003, Intertape, through its counsel Mark P. Levy at ThomsonHine LLP, filed a provisional patent application titled "Process for preparing adhesive usingplanetary extruder" that was assigned U.S. Ser. No. 60/524,505 (herein after "the ProvisionalApplication"). A true and correct copy of the Provisional Application is attached hereto as

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Exhibit F.22. Figure 1 of the Provisional Application is identical to the image of the double

transversal mixing spindle with back cut helical flights of the Entex brochure that was providedto Mr. Kovach and Mr. Lombardo ofIntertape by Entex at the Expo 2003.

23. The Provisional Application lists John Kinch Tynan, Jr., Richard Walter St.Coeur, David Michael Kovach, and Thomas Lombardo as inventors.

24. Intertape and one or more of the listed inventors John Kinch Tynan, Jr., RichardWalter St. Coeur, David Michael Kovach, and Thomas Lombardo, had knowledge of the Entexbrochure that was publicly displayed at the Expo 2003 during the preparation and filing of theprovisional application that included Figure 1.

25. On November 24, 2004, Intertape filed a non-provisional application titled"Process for preparing adhesive using planetary extruder." The non-provisional application wasassigned U.S. Ser. No. 10/997,827 (hereinafter "the '827 application"). The '827 applicationclaimed priority to the Provisional Application.

26. The '827 application lists John Kinch Tynan, Jr., Richard Walter St. Coeur, DavidMichael Kovach, and Thomas Lombardo as inventors.

27. On April 14, 2005 applicants filed executed declarations from the listed inventorsacknowledging their duty to disclose information that is material to patentability and theirknowledge of the priority benefit of the provisional application.

28. One or more of the listed inventors John Kinch Tynan, Jr., Richard Walter St.Coeur, David Michael Kovach, and Thomas Lombardo and/or their counsel had knowledge ofFigure 1 of the Provisional Application, which is identical to the image of the double transversalmixing spindle with back cut helical flights of the Entex brochure provided to inventors Mr.

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David Kovach and Mr. Tom Lombardo by Entex at the Expo 2003.29. Intertape prosecuted the '827 application before the United States Patent &

Trademark Office ("USPTO") and the '827 application issued as the '416 patent.30. Intertape filed five separate Information Disclosure Statements on August 22,

2005; September 16, 2005; January 13, 2006; May 9, 2007; and October 4, 2007 during theprosecution of the' 827 application.

31. Entex's public presentation of the planetary extruder for use with non-thermoplastic materials and the Entex brochure provided to Intertape at the Expo 2003 werematerial to the patentability of one or more claims of the '416 patent, because they teach and/orrender obvious the claimed invention relating to the use of a planetary extruder having doubletransversal mixing spindles with back cut helical flights to process non-thermoplastic material toform an adhesive, and the examiner would have relied on this information to reject the presentlypatented claims.

32. The listed inventors of the '827 application and/or the prosecuting counsel did notdisclose the material information regarding Entex's public presentation of the extruder for usewith non-thermoplastic material to form an adhesive and the Entex brochure provided at theExpo 2003 in any of the Information Disclosure Statements filed by Intertape, and did notapprise the examiner of the material information for determining patentability of the thenpending claims.

33. The '416 patent specification states that double transversal spindles arecommercially available from Entex. Col. 4, lines 50-2 of the '416 patent. The listed inventorsJohn Kinch Tynan, Jr., Richard Walter St. Coeur, David Michael Kovach, and ThomasLombardo and/or the counsel of record had knowledge of the statement with respect to Entex in

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the specification of the '416 patent, but failed to disclose the information in an informationdisclosure statement to the examiner.

34. The listed inventors of the '416 patent and/or the prosecuting counselintentionally withheld material information regarding Entex's public presentation of theplanetary extruder for use with non-thermoplastic materials to form an adhesive and the Entexbrochure at the Expo 2003, which were prior to the earliest claimed priority date of the '416patent.

35. The applicants committed inequitable conduct before the USPTO during theprosecution of the'416 patent by intentionally failing to disclose material information regardingExpo 2003 to the USPTO and the information provided by Entex relating to processing of nonthermoplastic material with the intent to mislead the USPTO.

36. Prior to the filing date of the priority Provisional Application of November 24,2003, Entex recommended to Intertape the use of a planetary extruder having double transversalmixing spindles with back cut helical flights for processing non-thermoplastic materials to forman adhesive. Entex also provided Intertape with documents illustrating the planetary extruderhaving double transversal mixing spindles with back cut helical flights and provided photographsof the same. Intertape was aware that the claimed invention of the '416 patent was originallyprovided by Entex to Intertape prior to the filing date of the Provisional Application.

37. Intertape intentionally failed to disclose to the USPTO the material informationthat Entex provided to Intertape regarding the claimed use of a planetary extruder having doubletransversal mixing spindles with back cut helical flights for processing a non-thermoplasticmaterial into an adhesive with the intent to mislead the USPTO.

38. The '416 patent is unenforceable because Intertape committed inequitable

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conduct to obtain the '416 patent by intentionally failing to disclose material information thatshowed that Intertape did not invent the claimed invention of the '416 patent and that Entexprovided the claimed invention to Intertape.

39. The '416 patent and any subsequent related applications are unenforceablebecause Intertape committed inequitable conduct by listing Intertape personnel as inventors whoare not the actual inventors and excluded Entex personnel as inventors with deceptive intent toobtain the '416 patent.

40. Berry Plastics will be substantially and irreparably damaged if DefendantIntertape is permitted to assert patent rights based on the unenforceable'416 patent or any of itssubsequent related patent applications and thereby prevent Berry Plastics from manufacturingand selling in the immediate future adhesive for tapes using the Entex planetary roller extrudernow installed in its Franklin, Kentucky plant.

COUNT II - PATENT INVALIDITY

41. Berry Plastics incorporates each of the preceding paragraphs 1-40 as if fully setforth herein.

42. The United States Patent No. 7,476,416 ("the '416 patent"), entitled "Process forpreparing adhesive using planetary extruder" lists 2 independent claims and 32 dependentclaims. A true and correct copy of the'416 patent is attached hereto as Exhibit G.

43. One or more claims of the'416 patent are invalid for failing to satisfy the writtendescription and/or definiteness and/or enablement and/or best mode requirements of 35 U.S.C. 112.

44. One or more claims of the '416 patent are invalid as being anticipated under 35U.S.C. 102.

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45. One or more claims of the '416 patent are invalid under 35 U.S.C. 102()because applicants themselves did not invent the subject matter sought to be patented andderived the invention from Entex.

46. One or more claims of the '416 patent are invalid as being invalid under 35U.S.C. 101.

47. One or more claims of the '416 patent are invalid under 35 U.S.c. 256 becausethe applicants, with deceptive intent, omitted inventors, and named persons who are notinventors.

48. One or more claims of the '416 patent are invalid for being obvious under 35U.S.c. 103.

49. Berry Plastics will be substantially and irreparably damaged if DefendantIntertape is permitted to enforce the '416 patent or any of its subsequent related patentapplications and thereby prevent Berry Plastics from manufacturing and selling in the immediatefuture adhesive for tapes using the planetary roller extruder now installed in its Franklin,Kentucky plant.

PRAYER FOR RELIEFWHEREFORE, Plaintiff requests the following relief individually, cumulatively and/or

alternatively:(a) A judgment ordering that the '416 patent and any of its subsequent related

patent applications are unenforceable due to inequitable conduct at the patent office;(b) A judgment that one or more of Entex personnel are the sole inventors of

the'416 patent;(c) A judgment that one or more of Entex personnel are co-inventors of the

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'416 patent;(d) A judgment that the'416 patent is invalid under 35 U.S.C 101, 102, 103

and/or 112;(e) A declaration that Berry Plastics may use the planetary roller extruder in

its Franklin, Kentucky plant free and clear of the '416 patent and any of its subsequent relatedpatent applications;

(f) A declaration that this is an exceptional case and an award of attorneys'fees pursuant to 35 U.S.C. 285;

(g) An award of Plaintiff's costs and expenses in this action; and(h) Such further and other relief as this Court may deem just and proper.

Respectfully submitted,

Dated: { V 1 ~ 1 ( Lot oJames D.r.fuhnson,RUDoLPH, FI221 N. W. Fifth treet

Attorney #11984-49, PORTER & JOHNSON, LLP

P.O. Box 1507Evansville, Indiana 47708Telephone: (812) 422-9444Facsimile: (812) 421-7459E-Mail: [email protected] P. AlbersJonathan P. FroemelMark 1. NahnsenBARNES & THORNBURG LLPOne North Wacker Dr., Suite 4400Chicago, Illinois 60606Telephone: (312) 357-1313Facsimile: (312) 759-5646Attorneys for Plainti ffBerry Plastics Corporation

CHDSO] 599062v]

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EXHIBIT A

Case 3:10-cv-00076-RLY-WGH Document 1-1 Filed 05/13/10 Page 1 of 3


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TO:317 231 7433OV-16-2009 09: 36 FRO!"!:

COLUMBUS NEW VOR.KArLANTA CINCINNATIDAYTON WASH INGTON. D.C.~ l J . . U 5 5 U . S CLEVIl.ANI)

November 12, 2009VI;\. FEDERAL EXPRESS

Mr. Tom SalmonBerry Plastics Corporation and SubsidiariesTapes and Coatings Division Headquarters25 Forge ParkwayFranklin, MA 02038-313 5RE: U.S. Patent No. 7,476,4] 6/lntertape PolymerGroupPROCESS FOR PREPARING ADHESIVEUSING PLANETARY EXTRUDEROur Ref.: 411738-00001Dear Mr. Salmon:We represent Intertape Polymer Group. Our client is the owner of the following U.S. patent andpublished patent applications in the United States:

Patent No./Reference Inventor(s)U.S. Patent No. 7,476,416 John K. Tynan, Jr., et al.

U.S. 2007/0196572 John K. Tynan, Jr., et al,U.S. 2007/0173622 John K. Tynan, Jr., et al,U.S. 2008/0058483 Mark D. Barbieri, et al.U.S. 2009/0048407 Mark D. Barbieri, et al.

Our client recently read a press release dated September 30, 2009 in which Berry Plastics announced thatit is making capital improvements, in the amount of $20 Million. to its facility in Franklin, Kentucky,Intertape is aware that Berry manufactures a number of tape products at its Franklin facility, includingduct tape.The purpose of this letter is to place Berry Plastics Corporation On notice of the foregoingpatent andpublished applications so that Berry Plastics can take steps to avoid infringing them. Intertape willrevisit this matter with Berry periodically in the future, particularly as Intertape's pending applicationsissue. Additionally, before Berry's new facilities begin commercial production, Intertape will needassur-ances that Berry's processes do not infringe. At that time, Intertape will also want to makearrangements for its counsel, and possibly an independentcoating engineer, to visit the Franklin facilityto verify that lntertape's patented technology is not being used,

Mark.Lovy@ThompwnHim:.com Phone 937.44Hi949 Fax 937.443.6637 sjb 593300.1THOMPSON HINl; LiP 2 0 0 0 C o u r t b o ~ P l a z a . N , E . IofWw. Tbompsonf-line.comA1i'OI\NEYSAT LAw P.O, Box 8801 Phone 93'.443.6600Dayton, Ohio 45401-&801 fM:937.443.6635



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NOV-16-2009 09:36 FROM: TD:317 231 7433

THOMPSO_N:.:.- _-mNE-

Mr. Tom SalmonNovember 12,2009Page 2We appreciate your cooperation in this regard. We can assure you that Intertape intends to vigorouslyenforce its rights in its current and future patents.



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EXHIBIT B



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BARNES&TIIORNBURG lLP Suite4400One North Wacker DriveChicago, IL606062833 U.S.A.(312)35713L3Fax(312) 7595646Daniel p..Albers(312) 2148311 [email protected]

BY EMAIL AND CERTIFIED U.S. MAILRETURN RECEIPT REQUESTEDJanuary 22, 2010

Mark. P. LevyThompson Hine LLP2000 CourthousePlaza, N.E.lOW. Second StreetDayton, Ohio 45402

Re: U.S. Pat. No. 7,476,416/ Intertape Polymer GroupOur Case No.: 5723-210327

DearMr. Levy:We represent Berry Plastics Corporation ("Berry Plastics") in its intellectual property

matters. All future correspondence in this matter should be directed to my attention. We receiveda copy of your letter to Berry Plastics dated November 12,2009 alleging infringement ofD.S.Pat.No. 7,476,416 (the '416 patent) and published U.S. applications US20070196572,US20070173622, U820080058483, and US20090048407 (the Intertape Intellectual Property).

In investigating the matters raised in your letter, we understand that Intertape employees,including Mr. David Kovach and Mr. Thomas Lombardo, attended the National Plastics Expo inJune 2003 (hereinafter "Expo") in Chicago, where Entex Rust & Mitschke GmbH (hereinafter"Entex") was an exhibitor. At the Expo, Entex gave a presentation on a planetary extruderhaving double transversal mixing spindles with back cut helical flights (the ''Noppenspindel'') foruse with non-thermoplastic materials to form adhesive and distributed brochures to Intertapedescribing the same at the Expo. The brochures indicate that such equipment is used with rubber,a non-thermoplastic materiaL

In addition, Mr. Kovach and Mr. Lombardo from Intertape visited Entex's exhibitorbooth, where brochures describing the Noppenspindel was displayed. We also understand thatMr. Kovach and Mr. Lombardo were lectured by Entex regarding the use of the planetaryextruder with the Noppenspindel for use with non-thermoplastic materials to form adhesive.Intertape had knowledge of Entex's public presentation on the planetary extruder using theNoppenspindel for non-thermoplast ic materials. This is the same method that Intertape nowclaims it invented as claimed. in the '416 patent. Despite having knowledge of the public display

Indiana \VashiJljCl(m. D.C.



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MarkP. LevyPage 2

and other information provided by Entex in June 2003, Intertape filed a provisional applicationwithin five months, in November 2003, using a photocopy of an image of the Noppenspindelprovided by Entex and shown in their brochure, as Figure 1 in the provisional application.Intertape also filed and prosecuted the corresponding non-provisional application (U.S. Ser. No.10/997,827) that resulted in the '416 patent. Even though Intertape had knowledge ofEntex'sprior invention, none of the information disclosure statements filed contained any reference tothe 2003 Expo or Entex's public demonstration or publication prior to the filing date of theprovisional application.

In addition, Intertape argued against the alleged non-obviousness of the claimed methodsby stating that a skilled artisan would not consider adding a double transversal planetary spindleto a planetary extruder for processing non-thermoplastic materials. Yet, the Entex brochure, thepublic presentation, and information provided to Mr. Kovack and Mr. Lombardo showed thatnon-thermoplastic material (e.g., rubber) was being used with planetary extruders having doubletransversal mixing spindles with back cut helical flights by Entex. Despite having knowledge ofthe Entex Noppenspindel at the 2003 Expo and brochures describing the same, these falsestatements regarding non-obviousness were made by Intertape through its counsel to the USPTO.

Intertape failed to disclose to the USPTa material information regarding Entex's publicpresentation of the planetary extruder having the Noppenspindel and the brochures describing thesame that occurred prior to the filing date of the provisional application. Intertape also madefalse statements regarding non-obviousness before the USPTa to obtain the '416 patent. Thefailure to disclose the material information regarding patentability to the USPTO and falsestatements made regarding prior art render the'416 patent and all of its related applicationsinvalid and unenforceable. Despite having this knowledge, Intertape now makes frivolousallegations of infringement that in turn, have needlessly increased the commercial productionand litigation costs for Berry Plastics to defend its right to manufacture.

Prior to the filing of Intertape's provisional application, Entex provided documents toIntertape and first suggested the use of a planetary extruder having Entex's Noppenspindel forrubber. Entex also processed Intertape material in its planetary extruders equipped with theNoppenspindels. Despite this, Intertape excluded Entex personnel, from the '416 patent andinstead named its own employees as inventors. We presume you have seen Entex's letter ofDecember 28,2009 to Intertape. A copy is also attached. None of this material informationregarding inventorship was disclosed to the USPTO during the prosecution of the '416 patent orits related subsequent patent applications.

Given the conduct of Intertape, Berry Plastics has filed and we enclose a declaratoryjudgment complaint to invalidate and render unenforceable the '416 patent. Please understandthat Berry Plastics will aggressively move for reimbursement of its litigation expenses, includingattorney's fees, and costs to defend against Intertape's baseless allegations. We have not yetserved the complaint on Intertape, but we will do so unless we can bring this matter to anexpeditious resolution.

In order to resolve this matter, we demand that Intertape agree to a covenant not to sueBerry Plastics and its customers based on the '416 patent and any related applications or future

BARNES&1HORNBURG ll P



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MarkP. LevyPage 3

related applications, for the use of any machinery Berry Plastics acquires from Entex relating toextrusion of non- thermoplastic material and any product resulting from the use of suchmachinery. A proposed covenant not to sue is enclosed. IfIntertape agrees to such covenant,Berry Plastics will dismiss its complaint without prejudice. Please advise us within the next twoweeks, before February 5th with respect to Intertape's response regarding the covenant not tosue.

Very truly yours,BARNES & THORNBURG LLP~ ~ ; ( l b e r

Cc: Jeff Thompson, Esq.

CHDSOI 580640"I

BARNES&1HORNBURG UP



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EXHIBIT C



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COVENANT NOT TO SUEThis Covenant Not to Sue ("Agreement") is made and effective as of theL-) day of

____ ,2010, by and between Intertape Polymer Corporation (hereinafter "INTERTAPE"),a corporation organized and existing under the laws of the State ofDelaware, having its principalplace ofbusiness at 3647 Cortez Road West, Bradenton, Florida 34210, and Berry PlasticsCorporation (hereinafter "BERRY PLASTICS"), a corporation organized and existing under thelaws of the State ofDelaware, having its principal place ofbusiness at 101 Oakley Street,Evansville, Indiana 47710.

Whereas INTERTAPE is the listed assignee of issued U.S. Pat. No. 7,476,416 and hasownership interests in published U.S. applications US20070196572, US20070173622,US20080058483, and US20090048407 (collectively, hereinafter referred to as "the IntertapeIntellectual Property"); and

Whereas BERRY PLASTICS is planning to manufacture, sell, distribute, and offer to sella variety of tapes including adhesive tapes having an adhesive processed by a planetary extruderhaving double transversal mixing spindles with back cut helical flights with machinerypurchased from Entex Rust & Mitschke GmbH (hereinafter "Entex");

Whereas INTERTAPE has sent a letter to BERRY PLASTICS putting them on notice oftheir rights in the Intertape Intellectual Property including U.S. Pat. No. 7,476,416;

Whereas BERRY PLASTICS has filed a declaratory judgment action (Civil Action CaseNo. lO-cv-OOO 14) in the District Court, Southern District ofIndiana (hereinafter "DJ Action") tointer alia, invalidate and render unenforceable U.S. Pat. No. 7,476,416; and



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Whereas, the parties desire to settle and resolve all controversies and claims relating toThe Intertape Intellectual Property and the DJ Action lawsuit to avoid the burden and expense offurther litigation;

IN CONSIDERATION OF the mutual covenants contained herein, the parties stipulateand agree as follows:

1. This Agreement is entered into solely for the purpose of avoiding the burden andexpense of further litigation and neither it nor any negotiations leading up to it is intended to be,or shall be construed as, an admission of fact or liability by either INTERTAPE or BERRYPLASTICS.

2. INTERTAPE covenants not to sue BERRY PLASTICS or any of its parents,subsidiaries, affiliates, any of the foregoing's respective past, present or future officers, directors,shareholders, employees, agents, attorneys, direct or indirect importers, suppliers, manufacturers,distributors, customers, users or any other parties for the importation, export, manufacture, use,sale, or offer for sale by BERRY PLASTICS or its subsidiaries or affiliates ofEntex planetaryextruders having double transversal mixing spindles with back cut helical flights and productsmanufactured using the same or a substantially similar process or equipment, including but notlimited to any manufacture using machines or know-how provided by Entex for infringement oron any other theory including direct or indirect infringement, inducement or contribution, underthe Intertape Intellectual Property or any other basis.

3. INTERTAPE also hereby grants BERRY PLASTICS a permanent, fully paid-up,irrevocable, non-terminable, non-exclusive, worldwide license under the Intertape IntellectualProperty, as well as any patents or patent applications claiming priority therefrom, together withany divisionals, continuations, continuations-in-part, reissues, reexaminations and foreign

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equivalents thereof, to make, have made, import, export, use, sell, and offer for sale. BERRYPLASTICS' rights hereunder shall be transferable by operation oflaw or in connection with thesale of any relevant portion of its business or substantially all of the assets of such portion of itsbusiness.

4. BERRY PLASTICS agrees to voluntarily dismiss the DJ Action without prejudicewithin ten (l0) business days of the effective date of this Agreement.

5. This Agreement shall benefit and be binding upon the parties, successors and theirrespective assigns. INTERTAPE acknowledges and agrees that this covenant not to sue isextended on behalf of (and extends to) any and all of its affiliates, subsidiaries, and parents andruns with the title of the Intertape Intellectual Property for any activity, inducement, contribution,or infringement, direct or indirect, under the Intertape Intellectual Property.

6. This Agreement, including its validity and interpretation, shall be governed byIndiana Law, and the parties agree that the sole venue for enforcement of this Agreement shall bethe United States District Court for the Southern District of Indiana.

7. This Agreement supersedes and abrogates all former verbal or written agreementsbetween the parties hereto related to the subject matter hereof, and is the only agreement inexistence between the parties and is not subject to change except by mutual agreement, in writing,signed by all parties.

8. The parties warrant and represent that each has been represented by counsel oftheir choice in connection with the review, approval and execution of this Agreement; that eachhas shown this Agreement to its respective attorney who has explained it and advised it that it isa legally binding contract; that each has read and understood this Agreement; and that eachintends to be bound by each provision of this Agreement.

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- - - - - - - - - - - - -

- - - - - - - - - - - - -- - - - - - - - - - - - -

9. The parties declare and represent that no promise, inducement or agreementwhich is not specifically provided in this Agreement has been made by any party to thisAgreement; that this Agreement contains the entire agreement among the parties; and that theterms of this Agreement cannot be modified except in writing signed by all of the parties.

10. This Agreement maybe executed in counterparts each ofwhich shall constitute anoriginal.

In witness thereof, the undersigned have executed this Agreement.

Intertape Polymer Corporation

By: _Date Name: _

Title:

Berry Plastics Corporation

By:Date Name:

Title:

CHDSOl580857vl

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EXHIBIT D



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ATLANTA CINCINNATI COLUMBUS NEW YORKBRUSSElS CLEVELAND DAYTON WASHINGTON. D.C.

THOMPSON-HINE-----------Stephen J. Butler(513) [email protected]

March 4,2010Daniel P. Albers, Esq.Barnes & Thornburg LLPSuite 4400One North Wacker DriveChicago, Illinois 60606-2833

Re: Berry Plastics Corporation v. Intertape Polymer CorporationGentlemen:

We appreciate your cooperation in giving us time review the allegations of BerryPlastic's complaint with our client. Based on that review, we have concluded that your claimshave no merit.We have thoroughly investigated the what seems to be the linchpin of your case,which is the supposed interaction between representatives of Entex and Intertape PolymerCorporation at the Chicago trade show in June, 2003. We do not know the source of your beliefsabout what happened at that show, but you have the facts wrong. Furthermore, the Entex

document that you attached as an exhibit to the complaint does not teach the invention claimed inIntertape's '416 patent. We continue to believe strongly that our client's patent is both valid andenforceable. Our analysis is based in part on Hess v, Advanced Cardiovascular Systems, Inc.,106 F.3d 976, as well as the heavy burden of proof that your client must meet to prevail.Nevertheless, Intertape would be willing to resolve this matter by licensingBerry's production of duct tape under the '416 patent. If Berry is interested in a resolution of thisnature, we would be happy to prepare a draft agreement for your review. If not, we will acceptservice on the complaint on behalf of our client.

Stephen J. Butler

SJB/SEB#76478I-vITHOMPSON HINE LLP 312 Walnut Street www.ThompsonHine.comATTORNEYS AT LAW 14th Floor Phone 513.352.6700

Cincinnati, Ohio 45202-4089 Fax 513.241.4771



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EXHIBIT E



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EN IEXSpeech D1K '03 Seite 1Bochum, January 2003

Rubber - The Tailor-Made MaterialCompounding of Elastomer Masses in a Planetary Roller ExtruderLadies and Gentlemen,I would like to thank you very much in the name of ENTEX for giving me theopportunity to present to you the construction and mode of action of the planetaryroller extruder.First of all I want to introduce the ENTEX company. ENTEX has been founded in1986 and has today 88 employees. The name ENTEX stands for "ENTwicklungEXtrusion" = development extrusion. Right from the beginning, we at ENTEXidentified ourselves with this name which is proved by more than 30 patents andpatented designs.Our main product is the planetary roller extruder. More than 40 years ago Mr.Wittrock of Messrs. Chemische Werke Hills AG has invented the planetary rollerextruder. Since that time this system is an integral part, especially regarding thecompounding of PVC, which - as we all know - is a thermal sensitive material sothat already here the characteristic of this system is demonstrated. There is noother system existing which allows not nearly such an excellent temperaturecontrol in the compounding process.Besides the well-known types of plastics such as thermoplast (PVC, PP. PE,TPU), duroplast, powder coatings, which are at present processed by means of aplanetary roller extruder, ENTEX has made a leap in an effective and economicalmethod of compounding elastomer masses.Elastomers are cross-linked (vulcanized) polymer materials, being glassy hard atvery low temperature and showing a rubber-elastic behaviour at roomtemperature. At higher temperatures, as well, no viscous flow properties can beobserved, so that today elastomers will be used in numerous fields of application.Due to their special properties, as for example damping characteristics, media andageing resistance as well as their thermal stability, elastomers are used more andmore as insulating material, insulations, adhesives and much more in theautomotive industry, by cable makers and in many other industrial ranges.In the past caoutchouc masses were produced almost exclusively ondiscontinuously operating internal mixers. The course of the charge drive madeand makes - even at most complex process control - large fluctuations in thequality of the material unavoidable.The small cooling area and the relatively large volume of the chamber of theinternal mixer only allow a slight effect on the temperature control, which results ina relatively long mixing period or alternately formulating compromises are made inthis area.



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EN IEXSpeech DIK '03 Seite 2This disadvantage regarding the temperature control and formulation does notexist in the case of the planetary roller extruder.Moreover, the discontinuous mixing process incurs high energy and economiccosts and must be regarded, due to the system, as requiring intensive time andcapital. In order to achieve a better process with regard to a continuously goodquality in mixing it is better to use a planetary roller extruder in view of processtechnique and economy.

But at first some words concerning the construction of the planetary roller extruder:The planetary roller extruder is a mixing heat exchanger with dynamic dischargingeffect. The planetary roller part is the constructive and dominating zone withregard to the process technique. The planetary roller part is constructed similar toa planetary gear (Fig. 1). The drive is carried out via the central spindle which, inturn, distributes the torque to the planets. These roll off in the 45 0 helical toothedcylinder.

Fig. 1: Sectional draWing of a cylinder assemblyDue to the helical gearing of the planetary system a continuous rolling out of thematerial is built up at simultaneous discharge in direction outlet of the roller part.This guarantees the best self-cleaning effect of all compounding extruders. Whenusing an open stop ring practically the whole material - except few materialresidues - will be rolled out of the roller part so that e.g. very economic changesin colour resp. formulations can be achieved.



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Speech DIK '03 Seite 3

Construction sizes:The size of the extruder (Fig.2) is destined by thediametrical pitch of the toothedliner.ENTEX fabricates planetaryroller extruders from 50 mm TP-WE 50 - up to 500 mm TP-WE 500 - with a spindleequipment of 6 - 24 spindles.

Fjg. 2: Model of a WE 400Characteristics:Due to the extremely thin wall thickness (Fig. 3) of the cylinder assembly and thecentral spindle an excellent controlling of the temperatures of the contact surfacearea is given. By the introduction of the pressure water heating and an improvedconstruction of the cooling channels which allow a product-near temperaturecontrol thus influencing decisively the heat transmission, this system has found anincreasing acceptance.

Fig. 3: Roller model with "old" and "new" thermodynamicThere is no other compounding system existing which allows not nearly such anexcellent temperature control in the compounding process.



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Speech DIK '03 Seite 4

It will be more simple to explain this in comparison with other systems, co-kneaderor twin screw {Fig. 5}.

Fig. 4:The contact surface areaexchanges in comparable shorttime is in the case of theplanetary roller extruder approx. 5times larger than in the case ofthe systems we have compared.

When you have a look at the co-kneader and the twin screw you will recognizethat these systems are systems of internal friction and that for the plasticizing theyhave to be filled.

Screw fllteHeating/Cooling

Kneading segmentKneading hou singcooling passagesHeating elementschamber

Fig. 5: Comparison of different compounding systems



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EN'EXSpeech DIK '03 Seite 5The essential advantage of the planetary system is a perpetual rolling-out of thematerial to thin layers. We know that the materials to be processed, e.g. ASS,PVC, TPU or elastomers, are bad heat conductors so that an exact temperaturecontrol, also at different construction sizes, will only be possible when theportioned material is rolled-out between the blanks and the individual planets.To give you an impression of the contact surface area of a planetary roller extruderwe will look at the standard size of an extruder for calender feeding, i.e. TP-WE250/2000-M2 (Fig. 6). On one rotation of the central spindle this extruder contactsan area of more than 12 m2,

Fig. 6: Planetary roller extruder TP-WE250/2000M2i.e. at 50 r.p.m. an area of 600 m2 . This corresponds nearly to twice the size of atennis court (Fig. 8).

Q l U S ~ l ! > w > " l . r t l ! l fH'I


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ENJEXSpeech DIK '03 Seite 6

Fig. 8: Contact surface area of a TP-WE 250/2000-M2 at 50 r.p.m.

Planetwalzen- Einschnecken- Doppelschnecken-Extruder Extruder ExtruderPlanetary F.:oller Smc!e- ScrEW T.".vm-Sr rsvv

Extruder F - ~ t n J d e r ExtruoerkWrl/kgi 0,09 /0,080,070,060,050,040,030,020,01

Qmech JQl fch ~ } Q ; ) b

Vergleich der Energiebll21nz verschledener AufbereitungsSY5teme (bel mutter ern Eurchsetz)

Fig. 9: Energy balance of different compounding systems in comparisonFig. 9 shows the energy balance of different compounding systems. You will seethat the planetary roller extruder - at less drive power - offers due to its surface anessentially larger heat exchange than the two other systems. The bottom partshows the supplied motor energy, the upper part the heating capacity to bepossibly supplied. the outside part represents the radiation energy released by themachine surface.Moreover, due to the modular construction, the temperature profile and thus themelt temperature can be controlled in a wide range, more details will follow later.



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EN'EXSpeech DIK '03 Seite 7Until now, the compounding in the caoutchouc industry takes place - contrary tothe planetary roller extruder - by batch-wise discontinuous mixing in the internalmixer (Fig. 10), if necessary in several mixing stages.

cyl lnder.-- ... Fig. 10: Drawing of astandard internal mixer

feeding f l a p . ~ " reeding punch

blade- - - ~ c001lng zcone- - - - slide door

M - ' / * . ~ housingintermediate:. - .. stage

, /'

stopper rodground floor1011111111

"The rruxmq in a planetary roller extruder, however, is a continuous one stepprocess".

Tangential GK-N-rotor geometriesFig. 11: Function modes in the internal mixer

Intermeshing GK-E- rotor geometries

The gelation process in the internal mixer is executed in a closed chamber (Fig.11) in which two opposed rotors, equipped with kneading elements, are running.



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ENJEXSpeech DIK '03 Seite 8The real plasticizing parts are the kneading blades (Fig. 12). Here you have tomake a distinction between two different arrangements: the tangential (left) andthe intermeshing (right) rotors.

Fig. 12: Different kneading geometries of the kneading bladesFor heating and cooling purposes respectively the chamber is a double-walledexecution. The rotors are cooled as well. The feed opening normally is operatedby means of a cooled, pressure air operated punch and the outlet opening isclosed by means of a cooled drop door.In the case of the conventional tangential rotors the outer rotor diametercorresponds approx. to the distance of the axles which means that the blades arenot intermeshing and therefore can be operated with different speed (= friction).In the case of intermeshing rotors both kneading blades must run with the samespeed. By this principle the material will be in fact (due to the higher suppliedshear energy) quicker plasticized, unfortunately, however, the thermal charge willbe higher. Remedy can be achieved by lowering of the filling grade by which,however, the throughput is decreased as well.This makes clear the great difference between the discontinuous processing on aninternal mixer and the continuous processing in a planetary roller extruder.The planetary roller extruder of the construction size 250 (TP-WE 250) has pereach cylinder assembly a max. filling volume of 9,5 I (at full planet equipment) witha heating/cooling area of more than 20.000 em", From one litre material resultstherefore a static contact surface area of 2.100 ern", a value to which no internalmixer will come up. A comparable internal mixer reaches - depending on the fillinglevel - 1/10 up to 1/8 of this value. We have already got to know which dimensionsthe contact surface area of the planetary roller extruder can achieve duringoperation (Fig. 8 - tennis court).Moreover you will see that the wall thickness (Fig. 13) between heating-coolingmedium and material to be processed is essentially thinner and therefore moreeconomical in the case of a planetary roller extruder. But there is no otherpossibility as the internal mixer requires - due to its high power for the kneadingprocess - of course a strength which such a thin wall thickness does not allow.



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ENJEXSpeech DIK '03 Seite 9

Fig. 13: Cooling of the kneadingblades of an internal mixer

Also with regard to the power it becomes clear that the planetary roller extruderneeds a clearly smaller amount of energy required, the already above mentionedTP-WE 250 requires "only" a 350 kW drive. The variations of different specificdrives, e.g. 0,05 - 0,3 kW/kg for elastomers at a constant outlet enthalpy (losses intemperature) of the material, can only be realized with a planetary roller extruder.Moreover, the required mechanical energy is brought in into the material in acontrolled way and damages caused by overheating are not possible as - due tothe function mode of the planetary roller extruder - this will we withdrawn from thematerial immediately.1st Step - The Raw MaterialsA further essential difference between internal mixer and the planetary rollerextruder is the feeding.The caoutchouc balls used in the internal mixer are still today weighed outmanually and all further ingredients are adapted accordingly. The possible sourcesof error in this procedure might be known.In the planetary roller extruder exclusively caoutchouc pellets (Fig. 14) are used.This is necessary in order to guarantee an optimal feeding of the aggregate and tomake a constant feeding possible in general.

Fig. 14: Pellets of comminuted caoutchouc balls for continuous feeding of the extruder



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EN IEXSpeech DIK '03 Seite 10The essential difference to the internal mixer is that the planetary roller extrudercan be fed only with pellets. Therefore, the caoutchouc balls must be comminutedand pelletized at first.In both cases the pelletized raw materials can be stored in silos or tanks and canbe supplied to the compounding machines via pneumatic conveyor equipment oroptionally in barrels or bags.

2nd Step - WeighingIn the case of the internal mixer the weighing of the formulation components isdone automatically, normally, however, manually.the feeding of the planetary roller extruder takes place by means of the continuousdosing with gravimetric dosing units. By means of the gravimetric dosing acomputer controlled material feeding is possible. This means that also duringrunning production process optimizing can occur, errors in dosing can be avoidedand therefore a constant high material quality can be maintained.

3rd Step - Mixing ProcessAs explained already above, in the case of the internal mixer the mixing process isa discontinuous process consisting of feeding - mixing - emptying and, should theoccasion arise, the mixing takes place even in several mixing stages.In the case of the planetary roller extruder the mixing process is a continuous,single stage process.

4th Step - After-TreatmentAfter the mixing in the internal mixer, further treatment is carried out in the rollingmill. The mixture is rolled out as a sheet, which is then cooled and coated withparting agents. Then the sheet is dried and laid down before it is supplied to acalender or extruder for further processing.When using a planetary roller extruder you can give up these intermediate steps.The compounded material will be e.g. further processed directly by means of agear pump or via a flat film die.The following table (table 1) presents an economical comparison of internal mixerand planetary roller extruder with regard to manpower requirement, investmentrequirement and quality.



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ENiEXSpeech DIK '03 Seite 11

Internal Mixer in Comparison with Planetary Roller Extruderstate-of-the-a rt state-of-the-artinternal mixer planetary rollerextruder

manpower pelletizingrequired weighingpersons (estimated) mixingafter-treatmentinvestment pelletizing Xrequired weighing X XXx 500.000 each mixing XX X(estimated) after-treatment XX Xquality formulation ++ ++

changeself-cleaning ++dosing ++ ++mixture quality ++ +++

comparableaggregates with athroughput ofapprox. 1.200 kg/h

table 1:comparison ofinvestment in first

reconciliation asper customers'information

The above comparison can only present an approximate order of magnitude. Aspecific cost accounting can, of course, only be made by the user himself, after acustomer-specific concept of a production line has been developed. On principlewe are convinced - also due to the resonance of our customers - that not only thecost situation says something for the planetary roller extruder but above all thecontinuous high quality of the compounded material. We would be pleased todemonstrate you in our Technical Centre the qualities which can be achieved withyour material.In the following exemplary process diagram (Fig. 15) a planetary roller extruderfor example can be fed with up to seven solid components (e.g. caoutchouc,resins, additives etc.) simultaneously, parallel and in every requested dosing.Furthermore, this is also still possible for two liquid components (e.g. softener).Thus, at the touch of a button, the formulation can be changed at any time or thethroughput can be adapted - without down-times, without conversion works andthus without set-up costs.

Fig. 15: Schemati c concept of a production line for the continuous compounding of elastomers



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Speech DIK '03 Selle 12

Development:Now I want to familiarize you with some steps of development of theplanetary roller extruder during the past years.A pioneering progress has been the production of the heatable cylinder by meansof the spark erosion process.

Fig. 16a: Spark erosion machine Fig. 16b: Inside view with roller cylinder

The pictures (Fig. 16a-d) show the function and mode of action of the sparkerosion technology. By this technology an electrode consisting of graphite isproduced on an involute milling machine. Then this will be eroded, practically 1 : 1,in a hardened steel cylinder. The erosion process guarantees an optimaldevelopment of the involute with all necessary profile displacements, i.e. everyclearance modifies inevitably the involute curve.

Fig. 16d: Electrode and electro-carbonFig. 16c: Electrode at diving machined cylinder assembly



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EN iEXSpeech DIK '03 Seite 13The advantage of this erosion process is that you can practically erode in verysteel, notwithstanding the hardness.The electro-carbon machining - invented by ENTEX - makes it possible toproduce liners of a length of 1.500 mm in one piece. No other process offers thispossibility. Due to the tool conditions and the necessary forces, such a lengthwithout warpage will be possible neither by whirling, nor by grinding, nor bydrawing.Today the grinding is restricted to approx. 500 mm, so that the liners should becoupled or welded respectively.In case liners must be coupled or welded you have to calculate with a heatwarpage. In order to avoid this heat warpage, wall thicknesses which are possiblewith the erosion technique, cannot be achieved. Therefore, you will not get theheat transfer possibilities for these extruders as per the whirling or grindingprocess, which you can achieve with an eroded roller part. This means a reductionof the process window.The erosion technique has been a milestone in the development of the planetarysystem and the outcome was to fabricate the planetary roller extruder in modularconstruction.

Fig. 17: Presentation of the "modular construction" of the planetary roller extruderAt this kind of construction several cylinder assemblies (modules) are flanged toeach other (Fig. 17). Whereas the central spindle is covering the whole processinglength, every module can be equipped with a different number of planetaryspindles. The single cylinder sections are connected to each other via intermediatestop rings. The planetary spindles are running against these stop rings.By means of the equipment of the planetary spindles and the variation of the stopring diameter the dwell time of the melt and the pressure build-up can be varied.



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Speech DIK '03 Sette 14

Process affects______________________ E : . . . I E : >1 1/2001 Hirsch eral. Angier, OJ, et al., "Mastication of Rubber.VI. Viscosity andMolecu6,527.8')9 il l 3 /2003 Dietz ct al. lar Weight Relationships for Natural Rubber after Cold Mastication,"7/2004,759,122 Il2 Spies et al. Journal ofPolymer Science, vol, XXV, pp. 129-138 (l9'i7).6,780,271 B 1 8/2004 Burmeister et al. Rauwendaal. C .. "The Multisercw Extruder with More Than Two6,799 ,881 B2 10' 2004 r ischer Screws." Polymer Extrusion, Hanser Publishers, pp. 11-12 t 1986)6,822,048 B1 1Jl2004 Burmeister el al. AuthorAnonymous, "Adhesivecompoundingprocess for production6,881,796 B2 4/2005 Yamaguchi et al. of prcssur42 sensitive tapes." published [It www.researchdisclosure.

2001'0039302 Al 11/2001 Wus tling ct al. com (Oct. 3 L 2003).



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00 PRIMARY RAWMATERIALS

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u.s. Patent Jan. 13,2009 Sheet 2 of 5 US 7,476,416 B2

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U.S. Patent Jan. 13,2009 Sheet 3 of 5 US 7,476,416 B2

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u.s. Patent Jan. 13,2009 Sheet 4 of 5 US 7,476,416 B2

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U.S. Patent Jan. 13,2009 Sheet 5 of5 US 7,476,416 B2

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US 7,476,416 B21

PROCESS FOR PREPARING ADHESIVEUSING PLANETARY EXTRUDERREFERENCE TO RELATED APPLlCATION

This application claims the benefit of U.S. ProvisionalApplication No. 60/524.505, filed Nov. 24, 2003.

1'1i.'LD 01; riu: INVIiNTlON111C present invention relates to a continuous, low-tem

perature process for the mastication and compounding ofnon-thermoplasuc elastomers with tackitying resins and mayinclude one or more of the following: thermoplastic elastomers. extenders, plasticizers and oils, activators, anti-degradents, crosslinking agents, colorants, solvents, and foaming agents. In oue aspcct of the invention, the adhesive may beapplied directly to a web-form material.

The general purpose of the invention is to providea methodfor producing a self adhesive composition by mastication ofnon-thermoplastic elastomers in a planetary roller extruder(PRE). In one embodiment mastication is achieved throughthe use of double transversal or "back-cut" planetaryspindles, in combinat ion with full-flight planetary spindles 10produce an adhesive that can he applied to a web- form material using a slot die.

HACKliROUND OF THE INVENTIONPressure sensitive adhesive compositions are blends of sev

era! raw materials including elastomers, resins, plasticizersand othe r additives such as antioxidan ts, fillers, pigmen ts, etc.Since these ingr edients must be blended in the proper ratio toobtain the adhesive having the desired properties, the rawmaterials arc typically blended with a mechanical mixerII nder controlled conditions as part of a balch-wise process toobtain a thoroughly mixed product having the appropriaterelative amounts of the raw materials.Planetary roll extruders have been known and have typically been used in processing of thermoplastics such as PVC,for example, where they were used primarily to supply thedownstream units such as, for example, calendars or rollmills. Planetary roll extruders have typically been used toprocess heat-sensitive compounds with a minimum of dcgradation because thin layers of compound can be exposed tolarge surface areas thereby resulting in effective heatexchange, mixing and temperature control, Planetary rollextruders are available in various designs and sizes. Thediameters of the roll cylinders, depending on the desiredthroughput, arc typically between 70 nun and 500 HUU.

Planetary roll extruders generall y have a filling secti on anda compounding section. The filling section typically includesa conveying screw to which certai n raw materials are fedcontinuously. The conveying screw then passes the materialto the compounding section. The compounding sectionincludes a driven main spindle and a number of planetaryspindles which rotate around the main spindle within a rollcylinder with internal helical gearing. The rotary speed ofthemain spindle and hence the rotarioual speed of the planetaryspindles can be varied and is one parameter to be controlledduring the compounding process. The materialsme circulatedbetween the wain and planetary spindles, or bel ween theplanetary spindles and the helical gearing of the roll section,so that under the materials are dispersed to form a homogeneous composition.The number of planetary spindles rotating in each rollcylinder can be varied and thus adapted to the requirement s of

2the process. TIle number of spindles influences the free volume within the planetary mil extruder, the residence time ofthe material in the process, and also determines the surfacearea for heat and material exchange. By way ofthe dispersive

" energy introduced, the number of planetary spindles has aninfluence on the result of compounding. Given a constantdiameter of roll cylinder, a larger number of spindles permitbetter homogenization and dispersion or, respectively, agreater product throughput.

iu The maximum number of planetary spindles iustallablebetween the main spindle and the roll cyl indcr depends on thediameter of the roll cylinder and on the diameter of the plancrary spindles used. When using relatively large roll diarn

\ 5 ctcrs, as required fur obtaining production-scale throughputs,and/or relatively small diameters for the planetary spindles,the roll cylinders can be equipped with a relatively largenumber of planetary spindles. With a roll diameter PI'D=70nun, typically up to seven planetary spindles arc used,

en whereas with a roll diameter of D=200 rum ten, tor example,and a roll diameter of D ~ 4 0 0 mrn 24 for example, pluncturyspindles can be used. However. these exampl es arc in no waylimiting to those skilled in the art. I'or example, ifthe diameterof the main spindl e is smaller relative to a lnrgcr main sp indle,

2:' the 11111nber ofplanetary spindles can be increased.

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US 7,476,416 823

M ; of more than about 50%, more particularly more thanabout 80%, relative to tile original M", tor the elastomer.

BRIEF DESCRIPTION OF THE DRAWINGSAn exemplary embodiment of the invention is explained in

more detail below with reference to the drawings in which:FI(;. I is a longitudinal sectional view of a planetary roller

extruder in accordance with one aspect of the present invention:

FIG. 2 is an enlarged view of an exemplary double transversal mixing spindle;

FIG. 3 is a cross-sectional view of a dosing ring from theplanetary roller extruder in FIG. I;

PIG. 4 is cross-sectional view of a slot die coater;FlO. 5 is a longitudinal sectional view of a planetary roller

extruder and slot die coater in accordance with one aspect ofthe present invention: andFlO. 6 is a cross-sectional view of the planetary rollerextruder in FIG. 1 along line 6 -6 .

DETAILED DESCRIPTION OF THE INVPNTION.\11 documents cited are, in relevant part. incorporated

herein by reference: the citation of any document is not to beconstrued as an admission that it is prior art with respect to thepresent invention.

Turning now to the drawings, and referring initi ally to FIG.1, n planetary roller extruder in accordance with one embodiment of the present invention is illustrated and generallydesignated by the reference 10. It will be appreciated that theplanetary roller extruder system 10 is illustrated in diagrammatic form in order to explain its operation in easily understaudablc manner. However, in actual practice. tile shape andsize of the system 10 might be substantially different fromthat illustrated an d yet still be within the scope of the claimsset forth herein.

TIle planetary roller extruder system 10 includes a feedingsection 12 and a compounding section 14. 111eprimary adhcsive raw materials are added into the feed throat 16 andmetered onto the conveying screw 18 ofthe tilling section 12.As used herein. the term "primary raw materials" refers tothose materials of the adhesive formulntion added into thefeed section 12 of the planetary roller extruder 10. Primaryraw materials may include, but are not limited to. elastomers.resins, extenders, activators. anti-dcgradcnts. and crosslinking agents. 111e screw 18 conveys the primary raw materialsinto the compounding section 14. The compounding section14. as illustrated in FIG. 1, includes four planetary rollerbarrel sections 20a. 20h. 20 , and 20d separated by dosingrings 22a, 22b and 22,. Each roller barrel section 20 includesa 45" helical toothed cylinder 24. a 45 helical toothed mainspindle 26 and a plurality of 45 helical toothed planetaryspindles 2N. 30. Th e helical gearing can have any suitableangle. for example. an angle of 10 to 60, more particularlysomewhat greater than 20 may be useful. In accordance withthe certain aspects of the present invention. at least one or theroller barrel sections 20 includes a double transversal planetary spindle 28. The present invention is not limited to theusc of donble transversal planetary spindles. Other spindleconfigurations that provide th e desired levels of mixing canalso be used.

The maximum number of planetary spindles 2N. 30 is afunction of the diameter of'thc main spindle 26 and the helicaltoothed cylinder 24. The planetary spindles 28, 30 can exhibitmany different tooth geometries. e.g .. ful I helical flights(Planetspiudel) 30. double transversal helical flights (also

III

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311

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411

4"

511

"

611

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4known as back-cut spindles or Noppenspindel) 28, or zonedhelical flights (Igclspindcl), etc. TIle number of planetaryspindles chosen and their geometries (e.g., open vs. fullflight) can be manipulated in such a way as to influence thedynamic discharging effect of each roller barrel section 20an d the discharging differential between sections. Additionany. the gap between the dosing ring 22 and the main spindle26 can be changed to vary the dynamic discharging effect oreach barrel section 20 and the discharging differentialbetween the barrel sections 20.

A standard planetary spindle 30 is represented by a cylinder in which g.woves or flights have been cut at 45 angles tothe spindle ax is, the same angle as the main spindle flights.The planetary spindles ride in the main spindle flights and thisdesign yields identical surface speeds or the planetaryspindles 28, 30 and the main spindle 26. There is a gapbetween the main and planetary spindles which is tilled withprocess material and the net result is that ncar zero-sheardistributive and dispersive mixing can occur between themain spindle 26. the planetary spindles 28. 30, and the barrelwall 24.Another net result ol the 45 angle cut into the planetaryand main spindles is a positive pressure. a forwarding motionimparted on the process material. A variation which yieldsless pressure, more slippage, less forwarding motion. longerresidence time and hence greater mixing is the us c of ordouble transversal spindles 28 (also known as noppenspindles or back-cut spindles).

I>oublc tran sversal planetary spindles 28 arc spindles having openings in the flights that penni! material to passbetween the wall of the barrel 24 an d the main spindle 26 andslow the rate with which material pnsses through the planetary roller extruder system 10. One example of a doubletransvcrsnlspindle 28 is a so-called porcupine spindle. A particulnr cxumplc ol a double transversal spindle 2N is shown indetail in lK]. 2. back cut openings 32 increase residence timeand improve mixing. Th e design of a double transversalspindle 28 is a variation of the standard planetary spindle,with the addition of channels cut into the 45" angled flights.The angle of these back cut channels can range from about45-135 relative to the spindle nights. more particularly fromabout 75-105, and in accordance with certain aspects of th einvention the back cu t channels may be at an angle of about90, The number and depth of these channels may also bevaried and can be de1ined in more simplistic terms by thefollowing: l(total channel area cut into the spindle flights/totalarea of spindle flights)x 100%]. This value may range Iromabout 10-90%. more particularly from about 40-60%, and incertain embodiments ofthe invention the value may be about50%. Planetary roller extruders having double transversalspindles 28 arc commercially available from Rust-MitschkeEntex. By adjusting the number of fnll llight 30 and open ordouble trausversalspiudlcs 28. the rate with which materialpasses through the planetary roller extruder and hence theamount of mastication that is done on the material can becontrolled.

Conventional plnnetury roller extruders contain M least 3an d can contain up to 24 spindles depending on the din meterof the cylinder and process design. Of course. one of skin inthe art would realize that a greater number of planetaryspindles could be nsed depending on the specific dimensionsan d construction of the extruder, In one embodiment of theinvention, a planetary roller extruder 10 having a 70 nu ndiameter cylinder having 6 spindles 2N. 30 is used. In accordance with certain aspects ofthe invention. the double transversal spindles 28 account for more than 20%. more particularly more than 50%. of the number of planetary spindles 2N.



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30 in the pla netary roller extruder 10. FIG. 6 shows a crosssection for a planet ary extruder in accordance with a part icular embodiment of the invention that includes four (4) doubletransversal planetary spindles 28 and two (2) full flightspindles 30.The rotation of the main spindle 26 causes the planetaryspindles 28, 30 to be set in rotational movement, as a resnlt ofthe helical gearing of the main spindle 26 interacting with thehelical gearing of the planetary spindles 28, 30.

The planetary spindles 28, 30 also mesh with the internalgearing ofthe cylinder section 24. "111e helical gearing of themain spindle 26. the planetary spindles 28, 30 and the cylinder section 24 conveys the raw materia ls to be compounded inthe direction of the d ischarge orifice 34.

11lCterm "secondary raw materials" as used herein refersto raw materials or solvents introduced into the compoundingsection 14 or the plunetary roller extruder 10. Secondaryliquid materials. such 'IS liquid elastomers, molten resins,oils. solvents, etc., can be introduced into the compoundingsection 14 via injection nozzles (not shown) through thedosing ring 22 assemblies. As shown in FIG. 3. the dosingrings 22 inclu de radially extending bores 23 that allow lormetered addition ofliquids to the compounding section 14.1uaccordance with one embodiment of the invention. the process involves the feeding of solvent into the compoundingsection 14 of the planetary roller extruder 10 via the dosingrings 22.

Secondary solid raw materials can be added to the compounding section 14 through a side feeder 36 or twin screwdosing units 38. '111e twin screw dosing units 38 are typicallypositioned perpendicular to the axis of the compounding section 14 and arc typically located near the beginning of thecom pounding section directly adjacent to the dosing ring 220.The twin screw dosing units 38 cau be employed to introducesolid components such as thermoplastic elastomers. resins,extenders, activators. anti-degradents. crosslinkers, etc .. tothe individual roller barrel sections 20.

Another embodiment of the invention involves coating theself-adhesive composition on a web- form material, where thecoating of the web-form material may be carried out usingany of a variety of coating, techniques including" but notlimit cd to, slot-die coating. roll-over-roll coating, reverse rolland knife-over-roll coating. In accordance with certainembodiments of the present invention, the adhesive composition is applied to the web-form material using a slot-dieapplicator unit. Particularly useful methods for applying theadhesive composition to the web-form material include slotdie coating using a rotating lip die or a fixed lip contact die.One parti cular slot die unit that can be used is a rotatin g lip diehaving a spindle that trails the die lip. One example of such adie is commercially available from SIMPLAS and is shown inFI(r. 4. Rotating lip die 40 includes an inlet 42 for receivingthe adhesive composition from the ex trud er 10. As shown inFIG. 5, the adhesive composition is continuously conveyedfrom the extruder 10 to the rotating lip die applicator 40 to beapplied to a web-form material through slot 44. '111e rotatinglip die appl icator 40 further includes a rotating spi ndle 46 atthe trailing edge of the die lip that improves coatingpropertiesof the applied adhesive. Adjustable bolts 48 on the rotating lipdie applicator 40 enable the operator to easily adjust the lipopening and control the adhesive coating thickness.

In accordance with another aspect of the present invention,the self-adhesive compositionmay be crosslinked. More specifically the coated adhesive composition may be crosslinkedwith the aid of electron beams or IN rays by means ofionizing radiation. such as electron beams. for example, sothat the resultant self-adhesive tape becomes s hear-resistant

111

15

:11

:5

311

35

40

45

50

"

60

I>.i

6and temperature-stable. UV rays as well can be used forcrosslinking, in which case appropriate UV promoters, forexample such as Ebecryl140 from OC8, must be added to theselt-adhesive composition. Chemical and/or thermallyinduced crosslinking may also be used.The non-thermoplastic elastomer may be chosen from thegroup of the natural rubbers or of the synthetic rubbers or ofany desired blend of'natural rubbers and/or synthetic rubbers,it being possible to choose the natural rubber or rubbers inprinciple from all available grades, such as, for example,crepe, RSS. ADS, TSR, SIR 10. SIR 5L or CV grades.depending on the required purity and viscosity level, and itbeing possible to choose the synthetic rubber or rubbers fromthe group of the randomly copolymerized styrene-butadienerubbers (SBR), butadiene rubbers (BR). synthetic polyisoprenes (lR). butyl rubbers (IJR), polyisobutylene rubber,halogenated butyl rubbers (Xl lk). acrylate rubbers (ACM).ethylene vinyl acetate copolymers (EVA) and polyurethanes,and/or blends thereof.

Thermoplastic elastomers with a weight fraction of Irom 1to 100% by weight, based on the total non-thermoplasticelastomer content. can be added to the non-thermoplasticelastomers. As representatives, mention may be made


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the adhesive composition. Typical liquid elastomers are lowmolecular weight natural rubber and low molecular weightsynthetic polyiosoprene and polybutene rubbers. Typical oilscan be paraffinic, isoparalfinic, naptheuic, aromatic, or polyaromatic. Examples of foaming agents include Cellogenfoaming agents and gases.Plasticizers which can be used are all plasticizing substances known from adhesive tape technology. Examples ofuseful plasticizers include. but arc not limited to, the paraffinic and naph theuic oils. (functionaliz ed) oligomers such asoligobutadiencs and oligoisoprenes, liquid nitrile rubbers,liquid terpene resins, animal and vegetable oils and fats,phthalates. and functionalized acrylates.Simply stated. some advantages ofcertain embodiments ofthe new invention/method include: I) purposeful. effective,and efficient mastication of non-thermoplastic elastomers, 2)the introduction of various solid raw materials into the compounding section, 3) the introduction of solvent into the compounding section, and 4) the use of slot-die coating technology to achieve an adhesive coated web-form material with aunique balance of converged panel adhesion and quick stickproperties.

The purposeful mastication of non-thermoplastic elastomers is accomplished as the elastomers arc forced with thesingle-screw from the feeding section between the dosingring and the main spindles into the compounding section,where it is intensively mixed and subsequently masticated.Tile degree of mastication is further enhan ced through the useof double transversa! planetary spindles. Another Iactor thataffects the amount of mastication is the internal diameter ofthe stop ring. By narrowing the gap between the stop ring ordosing ring and the spindle, more mastication can be performed. Mastication of the non-thermoplastic elastomertranslates into more efficient compoundin g of the elastomerwith other solid and liquid materials. yields the potential for agreat er ratio of tack to adhesion in the finished adhesive andyields a finished adhesive with lower viscosity that is notlimited to being coated via a multiple roll applicator unit(calendar). This provides an opportunity to employ moreprevalent. or existing coatin g equipment. as opposed to purchasing a rnuhiple-roll coating unit.

ln accordance with one aspect nf the invention, the clastomer is masticated such that M", is reduced to less thanI,000.000 as measured by GPc. In other aspects ofthe invention. the elastomer may be masticated to cause a reduction inM". of more than about 50%, more particularly more thanabout gO%, relative to the initial M". for the elastomer. Theinitial molecular weight refers to the molecular weight of thenon-thermoplastic elastomer as it is being introduced into theplaneta ry roller extruder. As such. the initial molecu larweight may already have be en reduced [IS a result of preprocessing of the elastomeras compared to the molecular weightfor the unprocessed elastomer. Therefore, the reduction inmolecular weight referred to herein is based 011 the reductionin molecular weight obtained by pro cessing on the planetaryroller extruder. The reduction in molecular weight asdescribed herein is calculated by l-ormuln I:

IJI111e introduction of various solid raw materials into thecompounding sections has several advantages. First, all solid

materials do not have to be introduced all at once in thefeeding section of the planetary roller extruder. i.e.. they canbe dosed ill one or more of the roller barrel sections of thecompounding section. This gives the elastomer more time tobe masticated prior to the addition of solid raw materials andincreases the mixing efficiency of the planetary roller

8extruder, Second, solid resin, as opposed to molten resin canbe introduced into the compounding section. The solid resinbas a viscosity that more closely resembles the elastomer,when compared to molten resin. As a consequence. the addition of solid (as contras ted with liquid) resin further enhancesmixing efficiency. whereas molten resin tends to act as alubricant and retards mixing efficiency. Additionally, thesolid resin has a specific heat which affords it the ability to actas a heat sink. i.c, take heat away from the process, thereby

III minimizing the temperature of the melt during the compounding process. Conversely, molten resin increases thetemperature of the melt in the compounding process.

The introduction of solvent into the compounding sectionshas several advantages. First. small amount s (e.g .. typical lyI" 10 to 20% by w eight but amoun ts up to 50% could lcasibly benscd) of solvent. introduced to the adhesive through severaldosin g rings, enhanc es mixing efficiency, i.e. maintainshomogeneity, while significantly lowering the viscosity ofthcfinished adhesive. 111e solvent is readily abs orbed by the

211 adhesive composition and the incorporation o I'solvent lowersthe resultant homogeneous adhesive's viscosity to the pointthat its application to a wcb-Iorm matcrial is not restricted toa multi-roll applicator unit (calendar). Rather. the lower-viscosity adhesive can now be applied to web-form material via

25 slot-die. reverse roll, roll-over-roll, knife-over-roll, or anynumberoftraditional adhesive application techniques including the use of multi-roll applicators. The subsequent liberation of the soJvent from the adhesive that has been applied tothe web-form material affords the ability to affect numerous

31l adhesive surface geometry profiles, i.e. degrees of foaming,in the adhesive film. Subsequently. the performance properties of tile adhesive film can be further manipulated, i.e. inaddition to degree of elastomer masticat ion and formulation.

The use of a slot-die for coating adhesives to web-form3" mutcrial bas particular advantages over a mull i mll applica torunit (calendar). Web-form adhesive coating speeds. whenemploying multi roll applicator units (calendars). are typically limited to 300 meters per minute. However. the use ofslot-die coating technology, particularly when employed in

40 conjunction with lower-viscosity. high-solids adhesives, e.g.80-90%. as oppos ed to higher-viscosity. 100% solids adhesives. is of particular interest, as application speeds easilyapproach 500 meters per minute or more.

The process of the invention permits the production of45 high-performance self-adhesive compositions and, espe

cially in conjunction with a downstream coating andcrosslinking unit, permits the production of high-pertermance scl l-udhcsivc tapes accom panied by particula r costadvantages.

51) In the first process step, a composition comprising theelastomers and the known adjuvants required Ior the production of self-adhesive compositions. such as extenders, antioxidants, activators. colorants, ageing inhibitors. plasticizersand tackifier resins, is produced in a planetary roll extruder,

55 the composition having a final temperature of less than 150 0C., typically less than 130 C. and, more particularly. betweenabout 25 C. and 100 C. The overall residence time ofthecomposition in the planetary roll extruder wiJl typically notexceed about three minutes.

60 In accordance with certain aspects of the invention, theadhesive formulation from the extruder is applied to a webIorm material. This can be done in a particularly effective andadvantageous manner using a slot-die applicator unit. especially using a rotating lip slot-die applicator unit similar to

1i5 that shown in fIcr. 4.In accordance with another aspect of the present invention,the self-adhesive composition may be crosslinked using eJec



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US 7,476,416 B29

tron beams or UV rays to provide a self-adhesive tape havingthe desired properties. For further improved performance, Ofin the ease of Electron Beam (EBC)-sensitive carriers,crosslinking can also be carried out by means of'heat-activatable crosslinkers under the effect of temperature. The heatingof the pressure-sensitive adhesive composition that isrequired for this purpose can be done with the aid of theknown techniques. especially with the aid of high-temperature duels, or else with the aid of infrared lumps. or by meansof high-frequency magnetic alternating fields, examplesbeing l lf waves. UIIP waves or microwaves.

Crosslinking of the pressure-sensitive adhesive composition can be carried out. furthermore. by means of a combination of ionizing radiation and hcat-activatablc chemicalcrosslinkers. The result may be a highly s hear-resistant pressure-sensitive self-adhesive composition. FoB curing sets theadhesive so that it can be converted while having a residuallatent hcat-activatable curing agent available for end useapplication.

For the purpose of heat-induced and/or chemical crosslinking. it is possible in the process of the invention 10 use allknown heat-nctivatnble and/or chemical crosslinkers, such asaccelerated sulphuror sulphur donor systems, i socyanate systerns. reactive melamine resins. Iormaldchydc resins and (optionally halogenated) phenol-formaldehyde resins and/orreactive phenolic resins or diisocyanate crosslinki ng systemswith the corresponding activators, cpoxidizcd polyester resins and acrylate resins, and combinations thereof

The crosslinkers are preferably activated at temperaturesabove 500 c.. in particul ar at temperatures from 1000 c. toJ600 C. and, in accordance with certain embodiments. attemperatures [rom 1100c. to 1400C. The thermal excitationof the crosslinkers Crill also be effecte d by 111eanS ofIR rays orhigh-energy alternating fields. Some crosslinkers may remainin the composition after curing and, therefore. be available Ioractivation during the end use application.

Further embraced by the concept of the invention is asci f-adhcsrvc tape produc ed with the aid of the pressuresensitive adhesive composition by applying the self-adhesivecomposition to at least on e side of a material in web form.Depending on the intended use of the adhesive tape. suita blcweb-form carrier materials for the self-adhesive composilions processed and produced in accordance with the invention are all known carriers, with or without appropriatechemical or physical surface pretreatment olthc coating side,and anti-adhesive physical treatment or coating of the reverseside. Mention may be made, lor example. of creped andnon-crcpcd papers, pulycthylenc, polypropylene and mono-or hiaxially oriented polypropylene films. polyester, PVC andother films, foam materials in web form, made from polyethylene and polyurethane, for example. wovcns, knits and nonwovens.Finally, the web-form material can be a material withan antiadhesivc coal ing on both sides. such as release papersor release films.

111ethickness ofthe self-adhesive compositionon the webform material can be between I0 urn and 2000 11m. preferablybetween 15 urn and 150 ~ 1 I 1 1 . Finally. the self-adhesive composition can be applied in a thickness offrom 800 ~ 1 1 l 1 to 120011m on a release paper. An adhesive-composition layer ofthiskind, especi ally after crosslinking, can be used diversely as abacking-less double-sided self-adhesive tape.

TIle following examples illustrate aspects of the invention,without intending to be limiting thereof.It will be appreciatedthat other modifications of the present

complaint - berry v. intertape

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