Appeal No. 1996-3799
Application No. 08/252,511
The examiner apparently realized that neither Chaser nor
Gilles describes a “melt blend stabilizer composition” as
required by appealed claim 1 or a method comprising “melt
blending” a phosphorous compound and a hindered phenolic
isocyanurate as required by appealed claim 12. To remedy this
deficiency, the examiner relied upon Neri. Specifically, the
examiner held as follows:
Since Neri et al. discloses that conventional
combinations of hindered phenols and phosphorus
compounds overcome their tendencies towards
hydrolysis when utilized in solid continuous and
dispersed particulate phases, formed by melt
blending, and followed by rapid cooling, the
incorporation of an additional step of melt blending
the Gilles compositions to form a solid particulate
blend for the purpose of discouraging premature
hydrolysis, would have been an obvious variation to
one of ordinary skill in the art at the time of
applicant’s invention. [Examiner’s answer, p. 4.]
We disagree.
Neri teaches a stabilizing composition containing a
continuous and amorphous phase of tetrakis-[3-(3,5-di-t-butyl-
4-hydroxyphenyl)-propionyl-oxymethyl]methane and a dispersed
phase of certain organic phosphites. (Column 2, lines 1-7.)
Although Neri describes mixing the tetrakis-[3-(3,5-di-tert-
butyl-4-hydroxyphenyl)-propionyl-oxymethyl]methane and the
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