Appeal No. 1996-0708 Page 5
Application No. 08/241,888
dehydrates sodium antimonate during its processing in an
extruder with a polymer, see Answer, page 9, the examiner has
not established that the dried sodium antimonate described in
Touval is necessarily in hydrated form. This deficiency is
not remedied by either Sandler or Breitenfellner.
Accordingly, we are constrained to reverse the examiner’s
decision rejecting claims 1 through 30 under 35 U.S.C. § 103.
OTHER ISSUES
Upon return of this application to the examiner, the
examiner should consider the patentability of the claimed
invention in view of the teachings in Hanabusa and Miyashita.
Hanabusa, for example, discloses homogeneously mixing a
mixture in a V-blender and then melt-extruding the mixture in
a twin-screw extruder having a barrel temperature of 260°C.
See columns 9 and 10. The mixture includes polybutylene
terephthalate, a halogenated phenoxy compound, a hydrated
sodium antimonate and a fatty acid ester. See Tables 1-3 at
columns 9 and 10. The amount of water in the hydrated sodium
antimonate is expressed in terms of mol. See Table 1. Since
Hanabusa describes heating a mixture containing a hydrated
sodium antimonate and a polymer in the environment recited in
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