Appeal No. 2001-0131
Application No. 08/977,110
particular ethylene copolymer and melt-blending the combined
polymer materials at a temperature of about 260-310°C. (Column
1, line 58 to column 2, line 34.) Mehra further teaches the use
of about 0.05-1.0%, based on the weight of the scrap material,
of an additive such as calcium carbonate. (Column 3, lines 29-
34.) Even assuming that calcium carbonate necessarily
decomposes into calcium oxide as alleged by the examiner
(answer, page 6), Mehra does not teach the recited components
“a)” and “b).”
In an attempt to account for the differences between the
subject matter of the appealed claims and Ueki or Mehra, the
examiner relies on the teachings of Burns and Henman.
Specifically, the examiner states (answer, page 7):
Applicants’ substitute use of tris(2,4 di-t. butyl
phenyl) phosphite in lieu of the cyclic [sic]
pentaerythritol diphosphite species which Burns used
and which is [sic] an admitted melt processing
stabilizer (specification at page 9, third and fourth
paragraph[s]) would be obvious since Henman discloses
(page 80, ibid) that a cyclic diphosphite such as
characterizes Burns’ pentaerythritol diphosphite
compound, is less efficient than a non cyclic
phosphite. While Burns utilizes the alkali metal
oxide to stabilize the phosphite from producing burns
in the virgin resin (col. 1, lines 1-31) whereas 1)
Ueki utilizes the oxide to stabilize recycled olefinic
resins from burns independent of the burns’ sources
(col. 3, lines 50-55) and 2) Mehra utilizes the oxide
to inhibit, in recycled polyester blends, the
discoloring degradative [sic] effects incurred by the
presence of PVC in the blend, it is plausible to
conclude that any one of or all of these multi
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