Ex parte DE KEYSER - Page 2




          Appeal No. 96-3991                                                           
          Application No. 08/311,242                                                   


               1.  A flame retardant plastic article consisting                        
          essentially of a core of plastic polymeric material having                   
          coated thereon a protective, flame retardant layer, the                      
          protective flame retardant layer consisting essentially of (i)               
          a thermoplastic polymeric material selected from the group                   
          consisting of a polyolefin and blends of polyolefins and (ii)                
          a flame retardant, char-forming, intumescent system containing               
          a flame retardant, char-forming, intumescent additive and a                  
          catalyst selected from the group consisting of a phosphoric                  
          acid precursor, a polyphosphoric acid precursor, and                         
          combinations of the phosphoric acid precursor and the                        
          polyphosphoric acid precursor.                                               
               The examiner relies upon the following references as                    
          evidence of obviousness:                                                     
          Fulmer                              4,254,177         Mar. 3, 1981           
          Scarso                              4,997,876         Mar. 5, 1991           
          Staendeke et al. (Staendeke)        5,312,853         May 17, 1994           
                                                       (filed Sep. 23, 1993)           
               Appellant's claimed invention is directed to a flame                    
          retardant plastic article consisting essentially of a core of                
          plastic polymeric material having a protective, flame                        
          retardant layer coated thereon.  The protective flame                        
          retardant layer consists essentially of a thermoplastic                      
          polymeric material, such as a polyolefin, and a flame                        
          retardant, char-forming, intumescent (FRI) system.  According                
          to appellant, FRI systems have been known in the art for                     
          incorporation into plastic materials and for coating plastic                 
          materials.  However, we are told that FRI systems have not                   


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