Ex parte KLEINER et al. - Page 2




          Appeal No. 96-3412                                                          
          Application No. 08/293,577                                                  


               This is an appeal from the final rejection of claims 15-               
          26, all the claims remaining in the present application.  A                 
          copy of illustrative claim 15 is appended to this decision.                 
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Abolins et al. (Abolins)         4,504,613          Mar. 12, 1985           
          Meyer et al. (Meyer)             5,162,406          Nov. 10, 1992           
               Appellants' claimed invention is directed to a process                 
          for preparing hydrolysis-stable trivalent phosphorous                       
          compounds of the recited formula.  Trivalent phosphorous                    
          containing compounds of the type claimed were known in the art              
          as stabilizers for thermoplastic materials but, according to                
          appellants, "they break down under conditions as mild as                    
          normal atmospheric humidity by hydrolysis" (page 2 of Brief).               
          Accordingly, appellants treat the trivalent phosphorous                     
          compounds with an oxide, hydroxide, carbonate, bicarbonate or               
          a carboxylate of a metal of groups 1a, 2a, 2b, and 7b of the                
          periodic table.                                                             
               Appealed claims 15-26 stand rejected under 35 U.S.C.                   
          § 103 as being unpatentable over Meyer in view of Abolins.                  
               We have thoroughly reviewed the respective positions                   
          advanced by appellants and the examiner.  In so doing, we find              
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