Ex Parte SCHMUTZ et al - Page 8




              Appeal No. 2000-1448                                                                          8                
              Application No. 08/709,975                                                                                     

              particularly important property for stabilizers which are trivalent phosphorous esters is their                
              non-hygroscopicity and resistance to hydrolysis in the presence of moisture in the                             
              atmosphere during ambient storage.”  See column 7, lines 50-54.  We find that                                  
              “hydrolysis of the phosphorous ester stabilizers during storage frequently results in                          
              compounds which are less effective.”  See column 7, lines 57-60.  The phosphorous                              
              compounds disclosed by Spivack include those corresponding to Ph-11 of the claimed                             
              subject matter.  See column 2, lines 1-26.  There is however, no disclosure or suggestion                      
              of placing the composition in permanent contact with water.                                                    
              GB ‘362 is likewise directed to processing stabilizer compositions containing                                  
              phosphites or phosphonites.  We find that GB ‘362 is concerned with hydrolytically                             
              decomposed phosphites and phosphonites being far less effective when used as stabilizers.                      
              See page 1.  An important advantage described is that phosphonites when incorporated                           
              into polymers are also protected from the influence of moisture humidity and water so that                     
              the properties of the polymers are not adversely affected.  Id.  We find that patentee is                      
              concerned that the problem of the hydrolysis of phosphites is especially aggravated in                         
              polyolefins.  See page 2.  We further find that the resistance of processing stabilizers like                  
              phosphites and phosphonites is improved by the use of HALS,  sterically hindered amine                         
              light stabilizer, compounds.  Id.  We find that the phosphites disclosed include those                         
              corresponding to the Ph-3 of the claimed subject matter.  See Formula I, pages 4 and 5.                        
              We find that the Table on page 33 discloses a polymeric HALS material in combination                           






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