Ex Parte Peter - Page 6

                Appeal No. 2007-0301                                                                            
                Application No. 10/277,435                                                                      

                “hindered amine light stabilizer” that is reasonable and consistent with the                    
                specification is appellant’s interpretation, i.e., the phrase as used in the                    
                claims should be limited to hindered amine light stabilizers that are                           
                derivatives of 2, 2, 6, 6-tetramethyl piperidine.3                                              
                       As can be seen from the above excerpt, the specification teaches a                       
                specific example of a preferred HALS—(1,2,2,6,6-pentamethyl-4-                                  
                piperidinyl) sebacate mixture.  The specification also teaches that HALS are                    
                “similar in chemistry,” thus supporting the interpretation that the HALS are                    
                derivatives of 2, 2, 6, 6-tetramethyl piperidine.                                               
                       Page 8 of the specification shows how Tinuven 765 compares to other                      
                well known stabilizers, such as Naugard 445, which is 4,4’-bis(α,α-                             
                dimethylbenzyl)diphenylamine.  The specification teaches that the HALS                          
                material (Tinuvan 765), which is a 2, 2, 6, 6-tetramethyl piperadine                            
                derivative, provided the best stabilization.  Thus, this example demonstrates                   
                that the specification intended to exclude other well known stabilizers such                    
                as Naugard 445 and octylated diphenylamine as taught by Furuta, from the                        
                phrase “hindered amine light stabilizers.”                                                      




                                                                                                               
                3 Although we do not rely upon the Reply Brief in reaching our decision, as                     
                it was not entered by the examiner, we acknowledge Exhibit 1 as consistent                      
                with this interpretation.  The first paragraph of that exhibit states that “[t]he               
                second main category of light stabilisers consists of what are known as                         
                hindered amine light stabilizers . . . .  They are derivatives of 2,2,6,6-                      
                tetramethyl piperidine and are extremely efficient stabilizers against light-                   
                induced degradation of most polymers.”                                                          
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