Appeal No. 1997-1161
Application 08/487,226
view of Abolins. 1
Rejection over Keogh
Keogh discloses a flame retardant composition including a
crosslinkable thermoplastic resin and, per hundred parts by
weight of the thermoplastic resin, about 180 to about 350
parts by weight of a metal hydrate, about 0.1 to about 5 parts
by weight of an organic peroxide, and about 0.1 to about 10
parts by weigh of a vinyl substituted silicone fluid (col. 1,
lines 60-68; col. 2, lines 47-50; col. 3, lines 37-41; col. 4,
lines 13-18).
The examiner argues that it would have been obvious to
one of ordinary skill in the art to use a blend of the
polymers because doing so is suggested by the references
(answer, page 6).
Keogh’s “thermoplastic resin can be any homopolymer or
1 Since no prima facie case of obviousness has been
established, we need not address the experimental results
relied upon by appellant (declaration filed August 20, 1993,
attachment to paper no. 14). See In re Piasecki, 745 F.2d
1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); In re
Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).
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