Appeal No. 1996-1045
Application No. 08/143,415
dichlorophenyl)azo]-3-hydroxy, also commonly known as C.I. Pigment Red 144, and a
thermostabilizing additive, i.e., (a) tris(3,5-di-tert-butyl-4-hydroxybenzyl)isocyanurate;
(b) bis(2,4-di-tert-butylphenyl)pentaerythritol diphosphite; and (c) a costabilizer selected from the
group consisting of sodium stearoyl lactylate, calcium stearoyl lactylate, calcium lactate, and mixtures
thereof.
OPINION
To establish a prima facie case of obviousness, there must be both some suggestion or
motivation to modify the reference or combine reference teachings and a reasonable expectation of
success. Furthermore, the prior art must teach or suggest all the claim limitations.
In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991).
Yukawa discloses thermoxidatively stabilized polyolefin compositions comprising (e) polyolefin,
(c) calcium stearoyl lactylate, (a) tris-(3,5-di-tert-butyl-4-hydroxybenzyl)-isocyanurate, and (b) di-
(2,4-di-tert-butyl-phenyl)pentaerythritol diphosphite (col. 1, lines 7-11, 23, 36-55; col. 2, lines 20-50;
col. 3, lines 30-33; col. 4, lines 21-22; col. 5, line 16; col. 6, lines 14-15). Yukawa states that other
additives such as pigments may also be combined in the composition (col. 6, lines 41-43).
According to the examiner,
[s]election of any of the disclosed parameters of the patented invention would have
been obvious to one having ordinary skill in the art at the time of appellant’s invention.
[Answer, page 4, first full para.]
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