Ex Parte Eckel et al - Page 3

               Appeal 2007-4316                                                                            
               Application 09/911,268                                                                      
                            n is 0 or 1                                                                    
                            q is 0, 1, 2, 3, or 4;                                                         
                            N is 0.1 to 5                                                                  
                            R5 and R6 are each independently selected from the group                       
                            consisting of C1 to C4 alkyl and halogen; and                                  
                            Y denotes isopropylidene,                                                      
                      wherein the phosphorous compound represented by general                              
                      formula (I) comprises less than 1 wt% of isopropenyl phenyl                          
                      phosphate, based on the weight of said phosphorus compound                           
                      represented by formula (I).                                                          
               (Br. Claims App'x. at 12.)                                                                  
                      The Examiner has maintained the following rejections3:                               
                      (1) Claims 1–17 have been rejected under 35 U.S.C. § 102(e),                         
               alternatively under § 103(a) in view of Eckel 9304.  (Answer at 3.)                         
                      (2) Claims 1–17 have been rejected under 35 U.S.C. § 102(e) in                       
               view of Gaggar5.                                                                            
                      (3) Claims 1–17 have been rejected under 35 U.S.C. § 103(a) in                       
               view of the combined teachings of Eckel 930 and Castelnuovo6.                               

                                                                                                          
               3 Examiner's Answer mailed 18 January 2006 ("Answer").                                      
               4 Thomas Eckel et al., Flame and Stress Crack Resistant Polycarbonate                       
               Molding Compositions, U.S. Patent 6,569,930 B1, issued to issued 27 May                     
               2003, assigned to Bayer AG.                                                                 
               5 Satish Kumar Gaggar and Fuh-Cheng Fred Chen (General Electric                             
               Company), Flame Retardant Polycarbonate Blends Comprising Graft                             
               Copolymers, EP 0 771 851 A2, published 5 July 1997.                                         
               6 Lucio Castelnuovo and Andrea Mattiussi, Impact Resistant Polyesters                       
               Comprising a Crosslinked Rubbery Polymer, U.S. Patent 3,919,353, issued                     
               11 November 1975.                                                                           
                                                   3                                                       

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