Ex Parte Eckel et al - Page 6

               Appeal 2007-4316                                                                            
               Application 09/911,268                                                                      
               (the oligomerization index N is 0.85 in D.1 versus 1.1 in formula (V) of the                
               268 Application).  (Eckel 930 at 12:15–28.)                                                 
               14. Polycarbonate compositions taught by Eckel 930 comprise an                              
               additional component F, which is finely divided inorganic compounds such                    
               as AlO(OH) (aluminum oxide hydroxide).  (Eckel 930 at cols. 9–10.)                          
               15. According to Eckel 930, component F "equalizes" the disadvantage of                     
               poorer flame proofing caused by the use of oligophosphate D.1.  (Eckel 930                  
               at 13:Table 1 and ll. 45–58.)                                                               
               16. Eckel 930 does not describe how oligophosphate D.1 was prepared or                      
               whether it was purified.                                                                    
                      Gaggar and Castelnuovo                                                               
               17. We do not find it necessary to describe Gaggar or Castelnuovo                           
               separately.                                                                                 
                      The Rejections and Counterarguments                                                  
               18. The Examiner finds that Eckel 930 anticipates or renders obvious the                    
               claimed subject matter because all the components are taught.  (Answer                      
               at 4.)                                                                                      
               19. In particular, the Examiner finds that phosphorus compound D.1                          
               meets oligomer formula (I).  (Answer at 4.)                                                 
               20. The Examiner reasons that "[s]aid compound D.1 has a definite                           
               chemical structure and thus is [free] from [/] of other homolog or derivative.              
               Therefore, said compound D.1 meets the instant phosphorous compound                         
               having less than 1 wt% of isopropenyl phenylphosphate."  (Answer at 4.)                     


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