Appeal No. 94-4259
Application 07/853,224
Anderson further teaches that the flame retardant composition may be in the form of a
fiber, film, coating, sheet, etc. (col. 21, lines 60-64). Although Campbell does not disclose
how the non-olefinic nylon layer is made fire-retardant, in
our view the use of single or multiple compounds known to be effective flame retardants for
nylon in such non-olefinic layer would have been prima facie obvious to one of ordinary skill
in the art. Campbell does not describe the use of a flame retardant in the olefin layer.
The examiner has pointed to sample 4 as describing a fire retardant
polyolefin next to a polyamide. Sample 4 discloses a flame retardant chlorosulfonated
polyethylene layer and an ethylene copolymer layer with and without a polyamide based
adhesive therebetween. Campbell identifies chlorosulfonated polyethylene as non-olefinic
(column 2, lines 29-51). Accordingly, we find no support for the examiner’s allegation.
Kartheiser describes a polyvinylchloride (non-olefinic) layer and a polyamide
layer with and without a polyvinyl adhesive therebetween. The examiner alleges that
Kartheiser discloses a medium comprising a fire retardant polyolefin and polyamide in
column 4. However, we, like the appellants, cannot find any teaching to support the
examiner’s position in Kartheiser. We do note that Kartheiser indicates that in prior art
structures, an adhesive layer comprised an acid-modified olefinic polymer and an acid-
modified halogen-containing olefinic polymer are known (column 1, lines 34-37). However,
the examiner has not determined whether this olefinic
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