Appeal No. 2001-0899 4
Application No. 08/799,174
ground, of presenting a prima facie case of unpatentability." See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner relies upon a
combination of two references to reject the claimed subject matter and establish a prima
facie case of obviousness. It is the examiner’s position that
Baldyga relates the use of inactivated Na zeolites with a conventional
organotin or zinc carboxylate stabilizer in the thermal stabilization of PVC
resins (columns 3-4). According to Kashiwase (col. 1, lines 39 et seq.) the
inactivated state means water is yet bound and in Baldyga’s instance the
water content is said to be 18 to 25%.
Kashiwase also relates that such Na zeolites are less effective as a component of a
stabilizer system but are rendered more effective if most of the Na is cation
exchanged for a Group II mor IV A metal (col. 2, line 16 et seq.). It is quite
evident from these teachings that alkali zeolites whether partially ion exchanged or
not are not useful per se as a preservative but must be used with a primary stabilizer
of which the organotin compounds are disclosed as eminently suitable by Kashiwase
et al.
See the Office action mailed February 26, 1998, paper No. 11 for the statement
of rejection relied upon by the examiner in the Answer. See also Answer page 3. We
disagree with the examiner’s position.
We find that Baldyga is directed to the stabilization of polyvinyl chloride resins. See
column1 lines 6-7. We find that the addition of unactivated Zeolite A or unactivated
naturally occurring molecular sieves in combination with conventional organometallic
stabilizers increases the thermal and ultraviolet light stability of a polyvinyl chloride resin.
See column 2, lines 39-49. We find the particular zeolites utilized fall exclusively within
the scope of Zeolite A and naturally occurring molecular sieves which are natural zeolites.
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