Appeal No. 2002-0693
Application No. 09/073,686
appeal or they stand or fall together. In re Dance, 160 F.3d
1339, 1340, 48 USPQ2d 1635, 1636 (Fed. Cir. 1998). Accordingly,
we designate claim 1, the broadest independent product claim, to
represent the claims on appeal.
Claim 1 reads as follows:
1. A fire retardant roof sheeting membrane for sloped roofs
having an incline of at least 1 inch per linear foot, formed from
a composition comprising:
a base polymer containing at least one ethylene-propylene
diene terpolymer, said base polymer having up to about 2 percent
by weight crystallinity;
from about 85 to about 175 parts by weight of at least one
non-combustible mineral filler per 100 parts of said base polymer;
from about 30 to about 50 parts by weight of a processing
material, per 100 parts of said base polymer;
from about 50 to about 80 parts by weight of at least one
fire retardant additive, per 100 parts of said base polymer,
wherein said fire retardant additive includes at least a bromine-
containing additive and antimony trioxide (Sb2O3); and
from about 1.5 to about 10 parts by weight of a cure package
per 100 parts of said base polymer, the sheeting membrane
composition containing at least 40 percent non-combustible
materials, being calenderable for use on a roof, having a limiting
oxygen index (LOI) of at least 40 percent oxygen when tested in
accordance with ASTM D2863-91, and capable of passing the UL-790
Test for Fire Resistance of Roof Covering Materials for sloped
roofs having an incline of at least one inch per linear foot.
2
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