Appeal No. 2001-0131
Application No. 08/977,110
Dobreski. (Examiner’s answer of Apr. 25, 2000, paper 35, pages
4-13; Office action of Jan. 27, 1997, paper 19, pages 2-16.)
We reverse this rejection.
Under 35 U.S.C. § 103, the initial burden of establishing a
prima facie case of obviousness rests on the examiner. In re
Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-88 (Fed.
Cir. 1984). In this case, it is our judgment that the examiner
has not met the initial burden of proof.
Ueki describes a polypropylene resin composition comprising
100 parts by weight of polypropylene, 0.05-1 part by weight of a
metal salt of a fatty acid, and 0.01-1 part by weight of an
oxide and/or hydroxide of an alkaline earth metal. (Column 2,
lines 60-65.) Ueki further teaches that the composition may
contain an antioxidant (e.g., 2,6-di-tert-butylp-cresol).
(Column 3, lines 8-16; Example 1.) Thus, Ueki differs from the
subject matter of the appealed claims not only in the recited
component “b)” (i.e., the phosphite), as the examiner would have
us believe (answer, page 6), but also in the recited component
“a).”
Mehra describes a process for recovering and reusing scrap
material of polyethylene terephthalate coated with a chlorine
containing polymer comprising combining the scrap material with
5-25%, based on the weight of the scrap material, of a
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