Ex Parte Parks et al - Page 2



          Appeal No. 2005-0407                                                        
          Application No. 09/888,246                                                  
          bromine2 content within a specified range.  Claim 1 is                      
          illustrative:                                                               
          1.   A wet cake comprising water and a solid brominated                     
               diphenylethane product, which product contains a predominate           
               amount of decabromodiphenylethane, the wet cake having an              
               occuluded free bromine content of from about 500 ppm to                
               about 2000 ppm.                                                        
                                    THE REFERENCE                                     
          Mack et al. (Mack)            5,457,248            Oct. 10, 1995            
          (effective filing date on or before Apr.  7, 1994)                          
                                    THE REJECTION                                     
               Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 103 as              
          being unpatentable over Mack.                                               
                                       OPINION                                        
               We reverse the aforementioned rejection.  We need to address           
          only claim 1, which is the sole independent claim.                          
               Mack discloses that the color of a brominated diphenylalkane           
          product which can approach 100% decabromodiphenylalkane is                  
          improved by including chelating or complexing agents in the water           
          used to isolate the product from the reaction mixture used to               

               2 The appellants disclose that “[t]he term ‘occluded free              
          bromine’ refers to that bromine which is tightly held by the                
          recovered decabromodiphenylethane product component of the wet              
          cake so that ordinary washing techniques are insufficient to                
          reduce its content in the product” (specification, page 13,                 
          paragraph 0046).                                                            
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