Appeal 2007-1565
Application 10/682,951
OBVIOUSNESS OVER SUGAWARA OR YUICHI
IN VIEW OF DREWES OR REITH
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as obvious over
Sugawara or Yuichi in view of Drewes or Reith (Answer 6).2
The Examiner states that Sugawara and Yuichi teach “compositions
for PVC polymers that comprise in part 1) B[eta]-aminocrotonate
compounds [and] 2) tris(hydroxyethy1) isocyanurate” (Answer 6). These
correspond to the general formula I compound and the amino alcohol,
respectively, of instant claim 1. The Examiner contends that
[i]t would have been obvious to one having ordinary skill in the
art to use the disclosure of . . . [Drewes or Reith] as strong
motivation to actually add a perchlorate salt as an additional
components [sic] to the stabilizers compositions taught by
[Sugawara or Yuichi] . . . for the well known stabilizing
enhancements properties that perchlorate compounds give such
composition in their use as stabilizers for PVC polymers.
(Answer 7.)
Appellants argue:
If the Examiner wishes to use [Drewes] and [Reith] to
allegedly show motivation to include a halogen-containing salt
of an oxy acid in a polymer stabilizing composition, the Office
must also admit the disclosed teaching in each reference of
stabilizing compositions including zinc. Such zinc-containing
compositions clearly lead away from the presently claimed
zinc-free compositions. Moreover, the Examiner has in no way
provided any evidence of suggestion or motivation . . . to pick
2 The Examiner relied on either Drewes or Reith as a secondary reference.
In reaching our decision, we consider only Drewes.
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