Ex parte BAE - Page 4




          Appeal No. 1999-2808                                                        
          Application 08/772,351                                                      


          organic antioxidants include phenols (page 3, lines 51-55).                 


               Ackerman teaches that zinc stabilizers for halogen-                    
          containing resins, within a very short time, blacken and char               
          the resin to be stabilized (col. 1, lines 43-47).  Ackerman                 
          teaches that this blackening and charring can be delayed by                 
          using zinc stearate in combination with stearates of alkali or              
          alkaline earth metals, but that mixtures of zinc stearate and               
          barium stearate, which produce by far the best results,                     
          undesirably yellow and discolor the resin (col. 1, line 48 -                
          col. 2, line 9).  Ackerman uses zinc soaps in combination with              
          potassium soaps, each soap preferably being a salt of a fatty               
          acid containing 6-12 carbon atoms (col. 2, lines 10-14 and 41-              
          48).  The examiner does not rely upon any evidence that                     
          potassium soaps were considered in the art at the time of the               
          appellant’s claimed invention to be suitable for use in food                
          contact or medical contact applications.                                    
               Rhodes teaches that “even the addition [to zinc-                       
          containing stabilizers] of substantial amounts of alkaline                  
          earth or alkali metal salts, such as salts of calcium, barium               
          or potassium, or other conventional plastics additives, such                
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