Appeal No. 1996-3799
Application No. 08/252,511
subsequent to mixing with the plastic (i.e., the organic
material). (Column 7, lines 62-65.)
Similarly, Gilles teaches the combination of a
hydroxyphenylalkyleneyl isocyanurate compound and a
pentaerythritol phosphite compound as an ultraviolet light
stabilizer for polyolefins. (Column 2, lines 15-18.)
According to Gilles, the stabilizer can be dispersed in
plastic materials by dissolving or suspending the stabilizer
compounds in a solvent such as acetone or benzene, mixing the
solution or suspension with the plastic in powder form, and
then evaporating the solvent. (Column 5, lines 53-58.)
While the patentability of appealed claim 1 rests on the
actual product made, the examiner has not alleged that a3
stabilizer composition made by a process that does not involve
melt blending (e.g., physical mixing) would form a product
that is indistinguishable from the claimed product. Nor do we
find any reasonable factual basis on this record for shifting
the burden of proof to the appellant to show that the products
are indeed distinguishable.
3 See In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966
(Fed. Cir. 1985).
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007