Appeal No. 2006-0231 Παγε 5
Application No. 09/234,253
lines 57 to 64, the “light stabilizing hindered amine moiety becomes substantially
chemically bonded to the substrate and becomes concomitantly resistant to migration,
exudation, leaching, sublimation, volatilization or any process which is prone to remove
an additive physically from the substrate it is supposed to protect.” Seltzer also
discloses that suitable stabilizers include N,N-diethylhydroxylamine (column 12, line 66)
for stablizing polymers comprising polyurethanes and polyesters. (See col. 8, ll., 12-17
and 30-17). Rodgers discloses polyester and polyurethane compositions suitable for
coating pulp and paper. (Col. 8, ll. 29-47). Thus, a person of ordinary skill in the art
would have reasonably expected that the light stabilizer of Seltzer could have been
added to the paper and pulp coating composition of Rodgers for the light stabilizing
properties.
Appellants argue that picking and choosing is required to arrive at the claimed
invention because Seltzer only very generically mentions the possible co-use of
hydroxylamine stabilizers among a long list of other potential stabilizers and Seltzer also
only generically mentions polyesters and polyurethanes among a whole host of polymer
substrates. (Brief, p. 5). Appellants also argue the Examiner utilized hindsight to arrive
at the claimed invention. (Brief, p. 6).
These arguments are not persuasive because a person of ordinary skill in the art
would have reasonably expected that the invention disclosed by Seltzer would have
been suitable for the embodiments disclosed therein. Specifically, Seltzer discloses that
the stabilizer is suitable for use with polyesters and polyurethanes. The Appellants
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