Appeal 2007-1565
Application 10/682,951
6. Aminocrotonic acid is a compound of general formula I recited in instant
claim 1.
7. Perchlorate compounds are one of the listed thirteen classes of
components (Reith, p. 7).
8. Perchlorate (ClO4) compounds are halogen-containing salts of oxy acids
(Specification 8-9).
9. Examples A (Reith, p. 8) and B (Reith, p. 10) show compositions
containing THEIC, an amino alcohol, but not with a compound of general
formula I or a halogen-containing salt of an oxy acid.
10. The Sugawara and Yuichi abstracts each “teach stabilizing compositions
for PVC polymers that comprise in part: 1) B[eta]-aminocrotonate
compounds, 2) tris(hydroxyethy1) isocyanurate, 3) lubricants, and 4) other
optional adjuvants” (Answer 6).
11. Beta-aminocrotonate is a compound of general formula I recited in
instant claim 1.
12. Tris(2-hydroxyethyl) isocyanurate is THEIC which is an amino alcohol.
(Specification 7-8).
13. The abstracts do not describe zinc in the stabilized PVC compositions.
Discussion
The Examiner bears the initial burden of showing unpatentability. See,
e.g., In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
1993). The Examiner contends that “[i]t would have been obvious to one
having ordinary skill in the art to use the broad disclosure of Reith et al as
strong motivation to actually make a stabilizing composition that comprises
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