Appeal 2007-1565
Application 10/682,951
without zinc are explicitly disclosed (Drewes, col. 24, ll. 20-25 (Table V));
col. 24, l. 60 to col. 25, l. 14 (Table VII) (FF 10); Answer 7-8). Zinc is not
described anywhere in the reference as essential. Moreover, other metal
soaps are also described as preferred, including calcium and magnesium
carboxylates (Drewes, col. 13, ll. 36-41(FF 7)). Thus, even were a metal
soap to be incorporated into the composition, Drewes describes calcium and
magnesium carboxylates as preferred alternatives.
For the foregoing reasons, we affirm the rejection of claim 1. Claims
2-5 fall with claim 1 because separate reasons for their patentability were not
provided.
OBVIOUSNESS OVER REITH IN VIEW OF SUGAWARA OR YUICHI
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as obvious over
Reith in view of Sugawara or Yuichi (Answer 5).
Findings of Fact
1. Reith describes a stabilizer composition for halogen-containing
thermoplastic resins comprising “(a) calcium hydroxide and/or calcium
oxide” and “(b) a hydroxyl group-containing isocyanurate” (Reith, p. 3).
2. A “particularly preferred” isocyanurate is THEIC (Reith, p. 4).
3. THEIC is an amino alcohol (Specification 7-8).
4. In addition to the calcium compound and the isocyanurate, the stabilizer
“may contain at least one further component . . . selected from” a list of
thirteen classes of compounds (Reith, p. 4-7).
5. Aminocrotonic acid is one of the listed thirteen components (Reith, p. 6).
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