Appeal 20072907
Application 10644791
amounts sufficient as fire retardants—introduce undesirable properties in the
molded product.10
In patent claims, "comprising" indicates that the listed items are
essential, but that the claim is also open to the inclusion of other items as
well.11 The specification explains that suitable transition metal oxides
include chromium oxides, molybdenum oxides, tungsten oxides, and
mixtures of these oxides.12
We construe claim 1 to encompass fire-retardant compositions
suitable for molding, in which very small amounts of phosphorous, halogen,
and antimony compounds may be included, but in which phosphorous,
halogen (especially bromine) and antimony compounds are to be avoided in
any substantial amounts. The composition must include an epoxy resin,
melamine cyanurate, and a chromium-family metal oxide, but may also
include other components.
THE REJECTIONS
The examiner has rejected the claims under 35 U.S.C. 103, contending
the subject matter of the claims was obvious in view of the Gallo patent13
and Japanese published applications14 of Fujii,15 Saito,16 and Yamaguchi.17
10 Spec. ¶0005.
11 Genentech, Inc. v. Chiron Corp., 112 F.3d 495, 501, 42 USPQ2d 1608,
1613 (Fed. Cir. 1997).
12 Spec. ¶0027. While "Group VIA" is ambiguous in isolation, these
examples clarify that the chromium family group is intended.
13 Anthony A. Gallo, Flame retardant molding compositions, US 6,432,540
B1 (issued 13 August 2002) (Gallo patent). Gallo is named as a co-inventor
in the application on appeal.
14 We rely on and cite to the translations in the record rather than the
originals.
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