Ex Parte SCHMUTZ et al - Page 7




              Appeal No. 2000-1448                                                                          7                
              Application No. 08/709,975                                                                                     

              Mülhaupt is directed to a process for the preparation of olefin polymers stable to                             
              heat and oxidation by the addition of a plurality of stabilizers to the polymerization.  See                   
              column 1, lines 5-8.  We find that the plurality of stabilizers includes a 2,2, 6,6-                           
              tetramethylpiperidine and a phosphorous III ester.  See column 2, lines 40 -60.  The                           
              piperidine stabilizers may have molecular weight in excess of 700 and accordingly read on                      
              the requisite molecular weight of greater than 1000.  See column 2, lines 62-65.  We find                      
              that the piperidine stabilizers include oligomeric or polymeric compounds having molecular                     
              weights in excess of 1000 wherein m is a number of from 2 to about 200.  See column                            
              15, lines 55 to column 16, line 59.  We find that of the particular suitable compounds,                        
              those numbered 74, 76, 84, 87, and 92 may have molecular weight in excess of 1000.                             
              See column 21, lines 14-15 and the specific compounds referred to therein.  We find that                       
              the piperidine derivatives exemplified by H-1 have a molecular weight in excess of 1000.                       
              We find that AO-1 and AO-3 are each phenolic antioxidants falling within the scope of the                      
              claimed subject matter.  See column 25, lines 15-20.  We further find that the                                 
              phosphorous compounds P-2 correspond to Ph-3 of the claimed subject matter.  We                                
              further find that Example 6 of Mülhaupt disclose each of the preferred antioxidants in                         
              proportions which fall within the scope of the claimed subject matter.  Mülhaupt lacks only                    
              a disclosure or suggestion that the composition may be placed in permanent contact with                        
              water.                                                                                                         
              Spivack however, likewise directed to the stabilization of polyolefins, states that, “[a]                      






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