Appeal No. 2006-1120
Application No. 10/429,429
a dialkyl tetrahalophthalate ester;
a phosphorus-containing flame retardant having at least
about 5 wt.% phosphorus; and
a flexible polyurethane foam reaction mixture.
13. A flexible foamed article made from the flame retardant
composition of claim 1.
The reference set forth below is relied upon by the examiner
in the § 102 rejection before us:
Eling et al. (Eling) WO 99/31173 June 24, 1999
All of the appealed claims are rejected under 35 U.S.C.
§ 102(b) as being anticipated by Eling.1
Rather than reiterate the respective positions advocated by
the appellants and by the examiner, we refer to the Brief and
Reply Brief as well as to the Answer for a complete exposition
thereof.
1In the Brief and Reply Brief, the rejected claims 1-39
have been argued as a group rather than separately. Under this
circumstance, we may select a single claim from the argued group
to decide the appeal with respect to all claims 1-39 on the basis
of the selected claim alone. 37 CFR § 41.37(c)(1)(vii) (Sep. 13,
2004). For the purpose of deciding this appeal, we select
independent article claim 13 as representing all appealed claims.
Notwithstanding this selection of representative claim 13 for
purposes of deciding this appeal, independent composition claim 1
also will be discussed in our opinion.
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