Ex parte HENKINS et al. - Page 9




                 Appeal No. 1996-3937                                                                                                                   
                 Application No. 08/319,702                                                                                                             


                 admittedly known dusting type additives for polymers                                                                                   
                 (specification at page 1 and 2)” to reduce “dustiness”                                                                                 
                 would have been obvious to a person of ordinary skill in this                                                                          
                 art.  We observe, however, that the prior art admissions  in                                         3                                 
                 appellants’ specification referred to by the examiner do not                                                                           
                 specifically identify appellants’ claimed components, i.e.,                                                                            
                 pentaerythritol phosphite compounds, hindered phenolic                                                                                 
                 isocyanurate compounds, or hydrotalcites, as “known dusting                                                                            
                 type additives”.  In the absence of prior art knowledge of a                                                                           
                 potential dusting problem with appellants’ composition, no                                                                             
                 reason exists to pelletize the composition to produce a “dust                                                                          
                 free blend of compacted particles” as claimed herein.  In                                                                              
                 short, we agree with appellants that the relied upon                                                                                   
                 references (inclusive of the prior art admissions) do not                                                                              
                 provide adequate motivation or suggestion for combining the                                                                            
                 claimed components in a compacted                                                                                                      


                          3With respect to prior art stabilizer blends of soft                                                                          
                 particles which are associated with substantial amounts of                                                                             
                 dust, appellants’ admissions in the specification only                                                                                 
                 generally refer to “[C]ertain blends of phosphites, hindered                                                                           
                 phenolics and neutralizers” without identification of the                                                                              
                 specific compounds in question.  See the specification at page                                                                         
                 1, lines 23-26.                                                                                                                        
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