Ex parte KLEINER et al. - Page 3




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


          ourselves in agreement with appellants that the applied prior               
          art fails to establish a prima facie case of obviousness for                
          the claimed subject matter.  Accordingly, we will not sustain               
          the examiner's rejection for essentially those reasons                      
          expressed by appellants in their Brief, and we add the                      
          following primarily for emphasis.                                           
               Independent claim 15 defines a process which requires                  
          treating a trivalent phosphorous compound with the stabilizing              
          metal compound, whereas independent claims 25 and 26 define a               
          process of admixing a molten trivalent phosphorous compound                 
          with the stabilizing metal compound, followed by cooling the                
          melt and ultimately isolating the solid product.  Neither of                
          the references cited by the examiner teaches nor suggests                   
          either the treatment of claim 15 or the process of claims 25                
          and 26 to form a solid product.  Each of the references                     
          discloses the addition of the phosphorous compounds to                      
          thermoplastic materials for the purpose of stabilizing them,                
          wherein the thermoplastic compositions of                                   
          the references also include one of the presently claimed metal              
          compounds.  Meyer teaches calcium carbonate as a filler whereas             
          Abolins employs metal oxides as co-stabilizers.  However, we                

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