Ex parte HAMILTON - Page 2




          Appeal No. 97-1609                                                           
          Application 08/425,310                                                       

               Upon consideration of applicant's BRIEF ON APPEAL                       
          (Paper 18), the EXAMINER'S ANSWER (Paper 19) and the entire                  
          record, it is                                                                
                    FOUND, on this record, that a person having ordinary               
          skill in the art would have believed that determination would                
          have been unpredictable as to which inorganic phosphorus                     
          reagent might be suitable for use in the Jaquiss polyester-                  
          polycarbonate composition for the purpose of neutralizing                    
          residual catalyst remaining after the polyester and/or                       
          polycarbonate is made (see Jaquiss, col. 3, Table 1) and it is               
                    FURTHER FOUND, on this record, that as recently as                 
          1990 the prior art reveals that "[a]n extensive search                       
          [would have been necessary to find] *** a material useful for                
          stabilizing *** [residual] catalyst" remaining in polysiloxane               
          polymers (Beck, col. 3, line 60 to col. 4, line 1), and it is                
                    STILL FURTHER FOUND, on this record, that the prior                
          art, as a whole, does not provide a sufficient teaching,                     
          suggestion, reason or motivation to use any silylphosphate or                
          mixture of silylphosphates described by Beck and/or Petersen                 
          for the purpose of neutralizing residual catalyst which may be               
          present in a polyester-polycarbonate compositions,                           

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