Appeal No. 2005-0407
Application No. 09/888,246
prior to oven aging is from about 12.5 to about 17.5
(specification, page 19, paragraph 0073).4
The examiner argues that “[t]he motivation to obtain a wet
cake having low bromine content is based on the teachings of the
prior art of an improvement in the color characteristics of the
product and the production of highly thermally stable products”
(answer, page 4). Mack, however, is silent as to occluded free
bromine content, and the examiner has not provided evidence that
it was known in the art that occluded free bromine yellows or
hinders the thermal stability of brominated diphenylethanes.
The examiner argues that “[b]ased on the teaching of the
prior art of the use of chelating, complexing agent etc. and
examples 2-4, the skilled artisan would have the reasonable
expectation that the wet cake of the prior art would have similar
occluded bromine content as those recited by the instant claims”
(answer, page 4). As set forth above, until Mack’s exemplified
products are roasted they do not have yellowness indexes that are
comparable to those of the product in the appellants’ wet cake.
Mack’s exemplified products that are dried but not roasted, which
are more indicative of the products in the wet cake than are the
4 The yellowness indexes of both Mack and the appellants
were obtained according to ASTM D 1925 (Mack, col. 11, lines 4-6;
appellants’ specification, page 19, paragraph 0073).
4
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