Appeal No. 2005-2652
Application No. 10/066,990
ambit of one of ordinary skill in the art. Compare In re Boesch,
617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980)(Optimization of
a known result effective variable is ordinarily within the ambit
of the skill of the art.).
Even if Gehlsen does not teach or suggest that the selection
of appropriate fire retardants, such as the claimed fire
retardants, is well within the scope of one of ordinary skill in
the art, our conclusion would not altered. As correctly found by
the examiner (the Answer, pages 3 and 7), Parsons teaches
preference for non-halogenated intumescent flame retardants, such
as conventional non-halogen phosphorus/nitrogen flame retardants,
for adhesive foams used in, e.g., the automotive and aerospace
fields. See column 1, lines 5-15, column 2, lines 43-56, and
column 3, lines 1-12 and 58-60. According to Parsons (column 2,
lines 29-50 and column 1, lines 10-37), these conventional non-
halogen phosphorus/nitrogen flame retardants contain desired fire
retardant components and reduce smoke production or toxicity
problem associated with the conventional halogenated non-
intumescent flame retardants.
Given the above teachings, we concur with the examiner that
one of ordinary skill in the art would have been led to employ
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