Appeal No. 1999-2808
Application 08/772,351
as organic phosphites, hindered phenols, epoxidized oils and
the like, will not prevent sudden degradation” (col. 1, lines
68-72). Rhodes’ stabilizer contains a large amount of an aryl
alkyl phosphite and a small amount of a zinc salt or soap, and
is substantially free of metals which form colored sulfides
(col. 2, lines 32-42; col. 3, lines 7-10). The appellant
states that the claimed invention excludes phosphite
stabilizers (specification, page 5, lines 23-26). Thus, when
we give “consisting essentially of” in the appellant’s claims
its broadest reasonable interpretation in view of the
specification, see In re Zletz, 893 F.2d 319, 321, 13 USPQ2d
1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548,
218 USPQ 385, 388 (Fed. Cir. 1983), we consider it to exclude
phosphite stabilizers. Rhodes also teaches that including an
epoxidized soya oil in his resin composition significantly
retards thermal discoloration and somewhat increases the
concentration of zinc which can be used without causing sudden
degradation (col. 3, lines 28-35).
Wypych teaches that epoxy stabilizers, when used in
combination with zinc stearate, decrease the rate of polyvinyl
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