Appeal No. 95-3782
Application 08/048,371
polysiloxane for its light stabilizing effect since these
types of cables are buried underground. Appellants submit two
references (ASTM D 4568-86 and Davis, as Appendices II and
III, respectively, attached to the brief) to support this
contention. Appellants further submit that the artisan would
thus look to the heat stabilizing effect of the polysiloxane
of Foster but this effect is either not material (the
Yellowness Index reports color changes which are immaterial if
the cable is buried in the ground) or neglible (the melt flow
ratio is not affected by the polysiloxane of Foster in Example
2). Therefore appellants conclude that there is no reason why
a person of ordinary skill in the art, on reading the Foster
reference, would consider Foster’s polysiloxanes to be
useful as stabilizers in the grease filled cable of Eager
(page 3 of the brief).
Appellants’ arguments are not well taken. Foster
discloses a problem in common with Eager, namely, the
instability or degradation of synthetic organic polymers on
exposure to light, atmospheric conditions and elevated
temperatures (column 1, lines 19-22). Foster teaches that it
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