Ex Parte BRIGHT et al - Page 2



          Appeal No. 1998-1790                                                        
          Application No. 08/711,134                                                  

          alkylene-bridged diphosphate compound for viscosity reduction               
          thereof.                                                                    
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Fesman                         4,433,071     Feb. 21, 1984                  
          Buszard et al. (Buszard)       4,565,833         Jan. 21, 1986              
          Duncan et al. (Duncan)         4,681,902         Jul. 21, 1987              
          Bright et al. (Bright)         5,041,596         Aug. 20, 1991              
          Stone                          5,086,082         Feb.  4, 1992              
          Asahi Denka Kogyo K.K.       JP 40342/74         Apr. 28, 1974              
          (Japanese Patent Publication)                                               
               Appellants’ claimed invention is directed to a fluid flame             
          retardant composition comprising a viscous flame retardant, such            
          as polybrominated diphenyl oxide, and an alkylene-bridged                   
          diphosphate.  The diphosphate reduces the viscosity of the                  
          viscous flame retardant.                                                    
               As acknowledged by appellants at page 1 of their principal             
          brief, the present application is related to U.S. Serial No.                
          08/586,442.  An appeal was taken in the related application and,            
          in a decision dated April 20, 2000, a merits panel of this Board            
          sustained the examiner’s rejections of the appealed claims under            
          35 U.S.C. § 103 over the same prior art presently applied by the            
          examiner (Appeal No. 1997-3587).                                            
               Appealed claims 1-9 stand rejected under 35 U.S.C. 103 as              

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