Ex Parte McNamara et al - Page 7



               Appeal 2007-3373                                                                             
               Application 10/477,363                                                                       
           1                z is 1 to 5, and                                                                
           2                L is independently of each other a direct bond or a chemical                    
           3                linking group,                                                                  
           4                      with the proviso that the reaction product of the self-                   
           5                condensation product of 3,5-dihydroxybenzoic acid and                           
           6                4-hydroxyphenylmethyl carbinol benzotriazole is excluded.                       
           7                                                                                                
           8          According to Ciba, WO 97/012282 describes self-condensation                           
           9   product of 3,5-dihydroxybenzoic acid and 4-hydroxyphenylmethyl carbinol                      
          10   benzotriazole (Publication, ¶ 0028) and therefore a negative limitation is                   
          11   apparently necessary to define subject matter which is novel.                                
          12                                                                                                
          13          Other claims argued separately are claims 4-5, 7 and 9.                               
          14          Claims 4-5, 7 and 9 read:                                                             
          15                4.  A stabilizer according to claim 2 in which x is greater than                
          16                one and comprising two different additive moieties.                             
          17                                                                                                
          18                5.  A stabilizer according to claim 4 in which the two different                
          19                additive moieties are … ultraviolet light absorber and hindered                 
          20                amine light stabilizer moieties.                                                
          21                                                                                                
          22                7.  A stabilizer according to claim 2 in which the linking group                
          23                L is ―OCO― or ―COO― or is a hydrocarbylene comprising                           
          24                the groups ―OCO― or ―COO―.                                                      




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