Appeal No. 1999-2808
Application 08/772,351
polyvinyl chloride. Rhodes would have suggested using zinc
stearate in combination with epoxidized soya oil and an aryl
alkyl phosphite, with no calcium soap present, but phosphites
are excluded from the appellant’s claims. Ackerman would have
suggested using zinc soaps with an epoxy stabilizer and a
potassium soap, in the absence of a calcium soap, but the
examiner has not established that such potassium soaps were
considered in the art to be suitable for use in food contact
or medical contact resins.
The examiner has not explained why the applied prior art
would have fairly suggested, to one of ordinary skill in the
art, using a zinc soap in combination with an epoxy stabilizer
without also including in the stabilizer composition a
component which renders the stabilizer composition unsuitable
for use in food contact or medical contact resins.
Consequently, the examiner’s argument in support of the
rejection is not persuasive. Accordingly, we conclude that
the examiner has not carried the burden of establishing a
prima facie case of obviousness of the invention recited in
any of the appellant’s claims.
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