Appeal 2007-1565
Application 10/682,951
V)) and Example 23 (Drewes, col. 24, l. 60 to col. 25, l. 14 (Table VII);
Answer 7-8).
11. Based on the data in Table VIII, which includes compositions
containing zinc, Drewes states that the “addition of polyol [THEIC, an
amino alcohol] has a particularly favourable effect” (Drewes, col. 25, ll. 50-
55).
12. From the data in Table IX, which includes compositions containing zinc
stearate, Drewes concludes that the epoxide, antioxidant, perchlorate (the
halogen-containing oxy acid salt) and the polyol (THEIC, an amino alcohol)
“give particularly good stabilization” (Drewes, col. 26, ll. 22-23).
13. Based on the evidence as set forth in FF (Findings of Fact) 9-12, the
person of skill in the art would not have considered zinc as an essential
component of Drewes’s stabilizer composition.
Discussion
The issue in this rejection is whether it would have been obvious to
the person of skill in the art to have formulated a stabilizer composition as
recited in claim 1 comprising a halogen-containing salt of an oxy acid, a
compound of general formula I, and an amino alcohol, but which does not
contain zinc.
Appellants do not dispute the Examiner’s findings (Answer 4) that
Drewes describes a composition 33 for stabilizing PVC (Drewes, col. 25, l.
55 to col. 26, l. 20 (Table IX) (FF 1-5)) containing sodium perchlorate,
aminocrotonate, and THEIC, meeting the limitations of claim 1 for a
halogen containing salt of an oxy acid, a compound of general formula I, and
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