Appeal No. 96-3991
Application No. 08/311,242
been used in combination with polyolefins as a coating for
plastic polymeric materials. The present specification, at
page 4, discloses the disadvantages of the prior art methods
of incorporating FRI systems into plastic materials and
coating plastic materials with FRI systems. For instance,
incorporation of a FRI system into a plastic material was
known to adversely affect the mechanical properties of the
plastic material. Also, coating plastic materials with FRI
systems was known to result in unsatisfactory adhesion.
According to appellant, the claimed "plastic article is flame
resistant and does not suffer the problems associated with the
prior art discussed below, such as when FRI materials are
mixed with the core plastic matrix or when FRI materials are
used as a coating alone" (page 5 of principal brief).
Appealed claims 1-6, 8 and 12-14 stand rejected under
35 U.S.C. § 103 as being unpatentable over Fulmer in view of
either Scarso or Staendeke.
Upon careful consideration of the opposing arguments
presented on appeal, we agree with appellant that the applied
prior art fails to establish a prima facie case of obviousness
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