Ex parte KLEINER et al. - Page 4




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


          agree with appellants that the coexistence of the phosphorous               
          compounds and metal compounds in the thermoplastic compositions             
          of the references does not meet the claim requirement for                   
          treating the phosphorous compound with one of the recited metal             
          compounds.  The examiner has not established on this record                 
          that the presence of both the phosphorous compounds and the                 
          metal compounds in a thermoplastic composition is equivalent to             
          the claimed process for treating the phosphorous compounds and,             
          manifestly, the references fail to suggest the process of                   
          forming a solid product defined in claims 25 and 26.  Also, for             
          the same reasons, we find that the cited references, taken                  
          singularly or                                                               
          in combination, fail to teach or suggest the method of claim 20             
          of stabilizing a thermoplastic material by incorporating                    
          therein the treated phosphorous compound of claim 15.                       
          Likewise, the examiner has not established the equivalency of               
          the thermoplastic compositions of the cited references and the              
          thermoplastic composition of appealed claim 24.                             
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        

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