Ex parte HAYES - Page 7




          Appeal No. 95-0311                                                          
          Application No. 07/976,846                                                  


          7, lines 32 to 37; teaches that certain piperidine derivatives              
          can stabilize synthetic polymers, including polyacetals,                    
          against photo-and thermal-deterioration.  At column 10, lines               
          17 to 30, Murayama describes a small genus of preferred                     
          compounds and exemplifies numerous compounds within this                    
          genus, including compound 170, a species within the scope of                
          the genus recited in claim 1.  At column 24, lines 38 to 53,                
          Murayama teaches that the compounds can be incorporated into                
          synthetic resins in an amount ranging from 0.01 to 5.0% by                  
          weight, and example 25, appearing at column 39, lines 23 to                 
          30, teaches the incorporation of similar compounds into                     
          polyacetal.  A prima facie case of obviousness having been                  
          made, the burden shifts to appellant to rebut the case.                     
               Appellant relies upon a showing which is set forth in Table            
          I  on page 8 of the Brief.  With respect to this showing, the3                                                                          
          examiner states on page 6 of his Supplemental Answer (Paper No.             
          16):                                                                        
               Appellant’s comparative showings have been fully                       
               considered, but have not been found persuasive to                      
               overcome the rejection in that they are not considered                 
               to be a back-to-back comparison based upon the closest                 

               3Table II compares the compounds embraced by claim 2 with              
          those of the prior art.                                                     
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