Ex Parte Krauter et alDownload PDFPatent Trial and Appeal BoardOct 7, 201312262346 (P.T.A.B. Oct. 7, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/262,346 10/31/2008 Berit Krauter 15778*181 (BMS 07 1 156) 6045 23416 7590 10/07/2013 NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP P O BOX 2207 WILMINGTON, DE 19899-2207 EXAMINER USELDING, JOHN E ART UNIT PAPER NUMBER 1763 MAIL DATE DELIVERY MODE 10/07/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte BAYER MATERIALSCIENCE AG Inventors: Berit Krauter, Wolfgang Ebert, Michael Prein and Michael Wagner ____________________ Appeal 2012-007863 Application 12/262,346 Technology Center 1700 ____________________ Before FRED E. McKELVEY, RICHARD TORCZON and SALLY GARDNER LANE, Administrative Patent Judges. McKELVEY, Administrative Patent Judge. DECISION ON APPEAL I. Background Bayer MaterialScience AG (“applicant”), the real party in interest (Brief, 1 renumbered page 11), seeks review under 35 U.S.C. § 134(a) of a final rejection 2 dated 14 February 2011. 3 The application on appeal was filed in the PTO on 31 October 2008. 4 1 The Appeal Brief does not appear to have numbered pages. A copy of the first eleven pages of the Appeal Brief with renumbered pages 1-11 is attached. Appeal 2012-007638 Application 12/262,346 2 Applicant claims priority of German patent application 10 2007 052783.9, 1 filed 02 November 2007. 2 The application has been published as U.S. Patent Application Publication 3 2009/0137709 A1. 4 II. Prior art 5 In support of prior art rejections, the Examiner relies on the following 6 evidence. 7 Sleeckx U.S. Patent 6,166,116 26 Dec. 2000 Chatterjee et al. “Chatterjee” U.S. Patent Application Publication 2006/0002814 A1 05 Jan. 2006 Barry G. Hinwood “Hinwood” A TEXTBOOK OF SCIENCE FOR THE HEALTH PROFESSIONS, Chapman & Hall, page 127 1993 Applicant does not contest the prior art status of the Examiner’s evidence. 8 We have jurisdiction under 35 U.S.C. § 134(a). 9 III. Claims on appeal 10 Claims 1-5, 8-10 and 12-21 are on appeal. Brief, page 2; Answer, page 3. 11 IV. Rejections 12 In the Answer, the Examiner has maintained the following rejections: 13 A. Rejection 1 14 Claims 1-5, 8-10 and 12-18 stand rejected as being unpatentable under § 103 15 over Sleeckx and Chatterjee. Answer, page 4. 16 In connection with Rejection 1, in the Brief applicant does not argue the 17 separate patentabilty of Claims 2-5, 8-10 and 12-18 apart from Claim 1. 18 Appeal 2012-007638 Application 12/262,346 3 Accordingly, as to Rejection 1 we decide the appeal on the basis of Claim 1. 1 37 C.F.R. § 41.37(c)(1)(vii) (2011). 2 B. Rejection 2 3 Claims 1-5, 8-10 and 12-20 also stand rejected as being unpatentable under 4 § 103 over the same Sleeckx and Chatterjee references, using an alternative 5 explanation. Answer, page 7. Applicant appears to argue Rejection 1 and 6 Rejection 2 together. Accordingly, we decide Rejection 2 along with Rejection 1. 7 C. Rejection 3 8 Claim 21 stands rejected as being unpatentable under § 103 over Sleeckx, 9 Chatterjee and Hinwood. Answer, page 11. 10 V. Invention 11 The invention is generally understood from Claim 1 on appeal. 12 Claim 1, which we reproduce from the Claims Appendix of the Brief 13 (page 9), reads [matter in brackets and indentation added (see 37 C.F.R. § 1.75(i)); 14 principal limitations in issue in italics]: 15 A composition consisting essentially of: 16 [1] a polycarbonate; 17 [2] 0.01 to < 0.3 wt.% of a polyether polyol having a 18 molecular weight of 1100 to 6000; and 19 [3] 0.01 to 0.8 wt.% of a salt of: 20 (i) a metal selected from the group consisting of alkali 21 metals, alkaline earth metals and mixtures thereof, 22 and 23 Appeal 2012-007638 Application 12/262,346 4 (ii) a compound selected from the group consisting of 1 sulfonic acids, 2 and mixtures[2] thereof; 3 wherein the recited percentages by weight are based on the total 4 composition. 5 VI. Analysis 6 A. Rejection 1 7 Rejection 1 is resolved on the basis of whether “consisting essentially” 8 excludes from the scope of Claim 1 certain “free di-sulfonimide” compounds 9 described as being essential in polycarbonate compositions described by Sleeckx. 10 Sleeckx describes polycarbonate compositions comprising: 11 (a) a polycarbonate component (a) (col. 2:66); 12 (b) a poly(oxyalkylene) component (b) (col. 3:34); 13 (c) a free di-sulfonimide component (c) (col. 5:10); and 14 (d) an organic or inorganic acid component (d) (col. 5:56). 15 Putting aside for the time being component (c), Sleeckx differs from Claim 1 16 in that it does not describe the use of applicant’s salt [3]. 17 Chatterjee describes the use of polycarbonate compositions that can include 18 a potassium perfluorobutane sulfonate. ¶¶ 0001 and 0087. 19 2 While it is not entirely clear, we believe “mixtures thereof” refers to mixtures of the salt and not mixtures of sulfonic acids. Any ambiguity can be cleared up in the event of future prosecution. Appeal 2012-007638 Application 12/262,346 5 The Examiner held that it would have been obvious to use Chatterjee’s 1 potassium perfluorobutane sulfonate as the salt described as component (d) of 2 Sleeckx. The rationale for using the potassium perfluorobutane sulfonate as 3 component (d) was achieving flame retardance—a property of interest to applicant. 4 The use of potassium perfluorobutane sulfonate was viewed as being consistent 5 with a teaching of Sleeckx’s that “known additives that are commonly used in 6 carbonate polymer compositions” may be added to the Sleeckx compositions. 7 Col. 7:34-5. 8 Applicant does not seem to question the Examiner’s combination of Sleeckx 9 and Chatterjee. 10 Rather, applicant relies on the transitional phrase “consisting essentially” to 11 establish patentability. 12 According to applicant, the “basic and novel characteristics” of its claimed 13 polycarbonates are “combined transparency and flame resistance.” Brief, page 4. 14 Further according to applicant, the Examiner has not established that the Sleeckx 15 polycarbonates have both transparency and flame resistance—basically because 16 Sleeckx requires the presence of a free di-sulfonimide component (c). Id. at 17 page 5. 18 The Examiner found that Sleeckx describes the disulfonimide as a UV 19 stabilizer. Answer, page 13. The Examiner also noted that Sleeckx describes the 20 use of a small amount of disulfonimide and that applicant has not provided any 21 evidence that the small amount would affect combined transparency and flame 22 retardance. Id. The Examiner also determined that the Specification indicates that 23 “sulfonimides” can be present in applicant’s composition. Id.; Specification 24 Appeal 2012-007638 Application 12/262,346 6 ¶ 0008. Applicant states that “sulfonimides” as used in the Specification refer to a 1 class of flameproofing agents that does not include free di-sulfonimide stabilizers. 2 Brief, page 5. The Examiner responds by noting that the Specification does not 3 define “sulfonimide”. Answer, page 13. 4 Under established practice, applicant has the burden of establishing that the 5 presence of the free di-sulfonimide component (c) described as essential for the 6 Sleeckx composition affects the basic and novel properties of applicant’s 7 composition. Applicant acknowledges that burden. Brief, page 4; In re De 8 Lajarte, 337 F.2d 870, 873-74 (CCPA 1964). 9 In this particular case, applicant’s burden is made somewhat difficult 10 because Claim 1 does not specify any degree of transparency or flame retardance. 11 To sustain its burden, applicant turns to data presented in Table 1 (col. 11) of 12 Sleeckx. Sleeckx Table 1 is reproduced below. 13 Appeal 2012-007638 Application 12/262,346 7 Examples A through D are comparative examples. Col. 9:62. Examples 1 1 and 2 are Sleeckx’s invention examples. Col. 9:61-62. 2 Applicant calls attention to the YI0 data for Example B (YI0 = 1.54) vis-à-vis 3 Example 2 (YI0 = 2.55). While applicant refers to Example 1, it is believed 4 applicant intended to refer to Example 2. According to applicant the only 5 difference between Example B and Example 2 is addition of di-sulfonimides. 6 Applicant observes that the YI0 increases when a salt (KPTSM—col. 10:19-25) is 7 present. Brief, pages 5-6. KPTSM is a potassium salt of N-(-p-tolylsulfonyl)-p-8 toluenesulfonimide. Col. 10:23-25. Based on the YI0 increase, applicant reasons 9 that transparency suffered. Brief, page 6. Applicant appears to have overlooked a 10 comparison of Example A (YI0 = 2.3) vis-à-vis Example 1 (YI0 = 2.4) where the 11 Appeal 2012-007638 Application 12/262,346 8 difference is minimal. Moreover, we cannot find on this record that there is any 1 significant difference between the YI0 achieved by Sleeckx vis-à-vis that which 2 might be obtained with polycarbonates within the scope of Claim 1 on appeal. 3 Also it is believed that applicant has overlooked the presence of a non-salt 4 (HPTSM—col. 10:19-21). Applicant has not established that any adverse 5 difference in YI0 values was not due to the presence of HPTSM. 6 Applicant has failed to sustain its burden of showing that the presence of any 7 free di-sulfonimide materially affects transparency and flame retardance. 8 Rejection 1 and Rejection 2 are affirmed. 9 Rejection 3 10 Rejection 3 turns on whether the transition phrase “consisting of” excludes 11 free di-sulfonimides. 12 The Examiner held that “consisting of” does not exclude any free di-13 sulfonimide because it permits the presence inter alia of UV stabilizers. The 14 Examiner found that the free di-sulfonimide is a UV stabilizer. Applicant 15 disagrees. Brief, page 6. 16 Applicant’s disagreement is based on a teaching of Sleeckx that various 17 ionizing radiation embodiments are described and that those embodiments do not 18 include a UV embodiment. Id., Sleeckx, col. 9:7-9. Sleeckx identifies its 19 embodiments as “[e]xamples of the ionizing radiation.” Col. 9:7. Nothing in 20 Sleeckx precludes the use of a UV stabilizer. Hinwood describes UV radiation as a 21 form of ionizing radiation. ¶ 11.8—Ultraviolet Light (“Ultraviolet radiation is a 22 form of ionizing radiation.”). The Sleeckx disulfonimide is used to provide color 23 stability when irradiation takes place. Accordingly, one skilled in the art would 24 Appeal 2012-007638 Application 12/262,346 9 have appreciated that a UV stabilizer would have been expected to minimize color 1 deterioration. 2 Rejection 3 is affirmed. 3 Decision 4 Upon consideration of the appeal, and for the reasons given herein, it is 5 ORDERED that the decision of the Examiner rejecting Claims 1-5, 6 8-10, and 12-21 over the prior art is affirmed. 7 FURTHER ORDERED that no time period for taking any 8 subsequent action in connection with this appeal may be extended under 37 C.F.R. 9 § 1.136(a)(1)(iv). 10 AFFIRMED 11 12 bar 13 Docket No.: 15778*181 (BMS 07 1 156) PATENT IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Patent Application of: Berit Krauter, et at, Application No.: 12/262,346 Confirmation No,: 6045 Filed: October 31, 2008 Art Unit: 1796 For: POLYOL-CONTAINING, FLAME Examiner: John E. Uselding RESISTANT POL YCARBONA TES, PROCESSES FOR PREPARING THE SAME AND PRODUCTS CONTAINING THE SAME APPEAL BRIEF MSAF Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Dear Sir: Appellants appeal the Examiner's decision rejecting claims 1-5,8-10, and 12-21, as set f011h in the Final Office Action of February 14,2011. I. REAL PARTY IN INTEREST The real party in interest is assignee Bayer MaterialScience AG. Bayer Matel'ialScience AG acquired the entire rights in this application by assignment from the inventors, which was recorded on February 9, 2009 at ReellFrame 022236/0059. II. RELA TED APPEALS AND INTERFERENCES There are no other prior or pending appeals, interferences, or judicial proceedings known to Appellants which may be related to, directly affect, be directly affected by, or have a bearing on the Board's decision in this appeal. 1 III. STATUS OF CLAIMS Claims 1-5,8-10, and 12-21 are presently pending and stand rejected. The claims on appeal are claims 1-5, 8-10, and 12-21, which are reproduced in APPENDIX A. IV. STATUS OF AMENDMENTS No amendments were made after the Final Office Action dated February 14, 2011. V. SUMMARY OF CLAIMED SUBJECT MATTER Of the claims on appeal, claims 1 and 21 are independent. Claim 1 recites a composition consisting essentially of: a polycarbonate; (specification at page 3, lines 10-11) 0.01 to < 0,3 wt.% of a polyether polyol having a molecular weight of 1100 to 6000; (specification at page 3, line 10-11) and 0.01 to 0.8 wt.% of a salt of: (i) a metal selected from the group consisting of alkali metals, alkaline ea11h metals and mixtures thereof, and (ii) a compound selected from the group consisting of sulfonic acids, and mixtures thereof (specification at page 3, lines 22-25); wherein the recited percentages by weight are based on the total composition. Claim 21 recites a composition consisting of: a polycarbonate; (specification at page 3, lines 10-11) 0.01 to < 0.3 wt.% ofa polyether polyol having a molecular weight of 1100 to 6000; (specification at page 3, line 10-11) 0.01 to 0.8 wt.% ofa salt of: (i) a metal selected from the group consisting of alkali metals, alkaline earth metals and mixtures thereof, and (ii) a compound selected from the group consisting of sulfonic acids, and mixtures thereof; (specification at page 3, lines 22-25) -2 and one or more additives selected from the group consisting of fillers, UV stabilizers, heat stabilizers, mold-release agents, flow improvers, antistatics and pigments; wherein the recited percentages by weight are based on the total composition. (specification at page 20, lines 21-26) VI. GROUNDS OF REJECTION TO BE REVIEWED ON APPEAL The grounds ofrejection for review on appeal are the rejection of: (1) claims 1-5,8-10 and 12-20 under 35 U.S.C. §103(a), as being unpatentable over U.S. Patent No. 6,166,116 to Sleeckx (hereinafter "Sleeckx"), in view ofU.S. Patent Application Publication No. 200610002814 to Chatterjee (hereinafter "Chatterjee"); and (2) claim 21 under 35 U.S.C. § 1 03(a), as being unpatentable over Sleeckx, in view of Chatterjee as evidence by Hinwood (Hinwood is a non patent literature document provided by the Examiner in the Final Office Action). Sleeckx, Chatterjee, and Hinwood are attached hereto as Exhibits A-C respectively. VII. ARGUMENT 1. Claims 1-5,8-10 and 12-20 are not rendered obvious by Sleeckx in view of Cbatterjee. In claim I, Appellants employ the transitional phrase "consisting essentially of' to limit the claim to the recited components and those which would not affect the basic and novel characteristics ofthe invention. The Examiner indicates that Applicants' claims employing the transitional phrase "consisting essentially of' will be interpreted as equivalent to "comprising." (See, the Office Action, p. 2). The Examiner takes the position that "absent a clear indication in the specification or claims of what the basic and novel characteristics are" the transitional phrases are to be construed equivalently for the purposes of searching and applying prior mi. (See, id at p. 2, citing M.P.E.P. §2111.03). Appellants disagree with the Examiner's application of the law conceming transitional phrases and, thus, the resulting conclusion of obviousness. Section 2111.03 of the M.P.E.P., in citing PPG Industries Inc. v. Guardian Industries Corp., 48 USPQ.2d 1351 (Fed. Cir. 1998), does indicate that, "[f]or the purposes of searching for and applying prior art under 35 U.S.C. 102 and 103, absent a clear indication in the specification or claims of what the basic and novel characteristics actually are, 'consisting essentially of will be construed as equivalent to 'comprising'." (See, M.P.E.P. §211 1.03). However, Appellants -3 note that in PPG, the Federal Circuit was considering an issued patent wherein there was nothing in the prosecution history indicating what was excluded by the transitional phrase or what the basic and novel characteristics were. Accordingly, there was nothing to resolt to for interpretation other than the Specification of the patent at issue. Nonetheless, before resorting to the Specification, the Federal Circuit specifically stated, "[i]n Water Technologies Corp. v. Caleo. Ltd, 7 USPQ.2d 1097 (Fed. Cir. 1988), for example, this court looked to tlte prosecutiol1 Itistory oja patent to determine whether an unlisted ingredient was excluded from the scope of a 'consisting essentially of' claim." (See, PPG Industries Inc. v. Guardian Industries Corp., 48 USPQ.2d 1351, l355 (Fed. Cir. 1998) (emphasis added». Appellants further recognize that "[i]n assessing a broadest reasonable claim construction wherein a potentially exclusionary "consisting essentially of' transitional phrase is put in the claim by Appellant, it is appropriate that Appellant bears the bW'den of: (1) showing the basic and novel characteristics of their claimed invention, and (2) establishing how those characteristics would be materially changed by any allegedly excluded component of an applied reference. See In re DeLajarte, 337 F.2d 870, 873-74 (CCPA 1964); Ex parte Hoffman, 12 USPQ2d 1061, 1063-64 (BPAI 1989). Put another way, Appellants burden is to show that those characteristics are "reasonably expected to be materially affected by, any component or step of an applied reference that is argued to be excluded by a "consisting essentially of' transitional phrase used in the claims. See In re De Lajarte, 337 F.2d 870,873-74 (CCPA 1964); Exparfe Hoffman, 12 USPQ2d 1061, 1063-64 (BPAI 1989) (emphasis added), Appellants submit that the basic and novel characteristics of the invention which are 110t to be materially affected by an additional, unrecited component, are the combined transparency and flame resistance of the claimed compositions. As paragraph [0007] of the cutTent published application states, "[d]espite the many various prior attempts, there continues to be significant room for improved flame-resistant compositions, in particular for use in thin-walled products. This is particularly true of transparent compositions or compositions for transparent products. Various embodiments of the present invention provide transparent compositions which exhibit markedly improved flame resistance at wall thicknesses of less than or equal to 3 111m." Based on the foregoing, it is clear that by use of the language "consisting essentially of' in claim 1, Appellants are excluding those components which are reasonably expected to materially affect the combined transparency and flame resistance. -'1 Sleeckx unequivocally mandates the presence of a free disulfonimide so as to improve color stability when subjected to ionizing radiation, such as gamma radiation and x-rays. Sleeckx, col. 5, 11. 36-41. In fact, the incorporation of the free disulfonimide is Sleeckx's entire purpose. The Final Office Action takes the position that the disulfonimide taught in Sleeckx is a UV stabilizer and would not affect the basic and novel characteristics of the invention. As supp0l1 for the Examiner's contention, the Examiner points to the abstract and paragraph [0006] of the published application as disclosing Appellants specifically envisioned the possibility of adding this compound. Appellants disagree with the Examiner's reading of the present specification and with the conclusion that the free disulfonimide would not affect the basic and novel characteristics of the invention. The abstract and paragraph [0006] of the present application provides that "[t]he present invention relates to compositions comprising polycarbonate as well as a combination of pol yo I and alkali or alkaline earth salt of an aliphatic or aromatic sulfonic acid, sulfonamide or sulfonimide in specific amounts." The recitation of "sulfonimide" here refers to a class of flameproofing agents and does not include the free di-sulfonimide stabilizer of formula (1) taught by Sleeckx. For example, paragraph [0049] states "[t]here are used as flameproofing agents alkali or alkaline earth salts of aliphatic or aromatic sulfonic acid, sulfonamide and sulfonimide derivatives." Appellants do not state that the di-sulfonimide, as exemplified by the formula taught by Sleeckx, would 01' could be a flameproofing agent. As such, the present Application does not specifically allow for the inclusion of the di-sulfonimide as asserted by the Final Office Action. Moreover, Appellants submit that it is reasonably believed that the free di-sulfonimides of Sleeckx materially affect the combined transparency and flame resistance of the claimed compositions. For example, the present application specifically dictates that the selection of the flameproofing agent(s) must not adversely affect the transparency of the polycarbonate. See [0082]. Applicants submit, without being limited by theory, that it is reasonably expected that the free di-sulfonimide of Sleeckx, when added in addition to the current elements, would negatively impact the transparency of the article. The Examples ofSleeckx are pa11icularly instructive. For example, comparing sample B with sample 1, the only difference is the addition of the di-sulfonimides, and the Yo rating goes from 1.54 to 2.55. Since the only difference was the presence of the di-sulfonimides, it can be reasoned that the use of the disulfonimides resulted - $ in a deterioration of the transparency. As such, it is reasonably expected that when such di sulfonimides are added to the currently claimed composition, the basic and novel characteristic of transparency would reasonably be expected to be negatively impacted. For at least these reasons, Appellants respectfully request reversal of the rejection of independent claim 1. Claims 2-5, 8-10 and 12-20 all depend either directly or indirectly from claim 1 and are also not rendered obvious for at least the reasons given with respect to claim 1. 2. Claim 21 is not rendered obvious by Sleec1a. in view of Chaterjee as evidenced by Hinwood. In claim 21, the transitional phrase "consisting of' is employed, thereby restricting the components to those identified in the claim. Specifically, claim 21 recites, in addition to the components mentioned in claim 1, "one or more additives selected from the group consisting of fillers, UV stabilizers, heat stabilizers, mold-release agents, flow improvers, anti statics and pigments." Appellants submit that the disulfidimes disclosed in Sleeckx do not fall in any of these categories. The Final Office Action asserts that the free disulfonimide taught in Sleeckx is a UV stabilizer. Essentially, although Sleeckx does not classify the free disulfonimide as a UV stabilizer, the Final Office Action asserts that Hinwood is evidence that ionizing radiation, as used in Sleeckx, is UV radiation. Appellants disagree with the Examiner's interpretation of Sleeckx and the conclusion that one ofordinary skill in the art would recognize the fi..ee disulfonimide as a UV stabilizer. As explained in Sleeckx, "[e]xamples of the ionizing radiation are alpha-rays, a heavy electron beam, a proton beam, beta-rays, a neutron beam, gamma-rays, and X-rays." Sleeckx, col. 9, II. 6-10. The definition of ionizing radiation in Sleeckx does not include UV rays. In fact. the entire purpose of Sleeckx is to find a material that will improve discoloration that occurs in medical devices when these medical devices are contacted by these special types of ionizing radiation. See Sleeckx, col. 8,11. 11-29. As such, Hinwood does not evidence that "ionizing radiation" , as used by Sleeckx, includes UV radiation. Moreover. even if ionizing radiation is construed as including UV radiation, Sleeckx does not show, in any way, that the free disulfonimide would reduce yellowing when exposed to UV radiation. Specifically, the examples only show an improved color stability when radiated with "gamma radiation." Sleeckx, col. 10, line 38. There is no other evidence that the disulfonimide would be affective when exposed to UV radiation. As such, Appellants completely disagree that the free di-sulfonimides can be classified as a UV stabilizer as asserted by the Final Office Action. For at least these reasons, Appellants submit that the free disulfonimide of Sleeckx falls outside of the "consisting of' language used in claim 21. As such, reversal of the rejection is respectfully requested. VIII. CLAIMS A copy of the claims involved in the present appeal is attached hereto as APPENDIX A. IX. EVIDENCE No evidence submitted pursuant to 37 C.F.R. §§ 1.130, 1.131, or 1.132 is being relied upon for this appeal. Accordingly, no such evidence is provided in APPENDIX B. X. RELA TED PROCEEDINGS As stated in section II, supra, no related proceedings have been or are now pending. Accordingly, no related decisions are provided in APPENDIX C. XI. CONCLUSION For these reasons, reversal of the obviousness rejections under 35 U.S.C. § 103(a) of claims 1-5, 8-10, and 12-21 is strongly urged. Payment in the amount of $1210 to cover the fee required by 37 C.F.R. §§ 41.20(b)(2) for this Appeal Brief and the fee required for a two month extension of time is submitted conculTently herewith. Appellants believe no additional fees are due. However, the Director is hereby authorized to charge any deficiency in the fees filed, asserted to be filed or which should have been filed herewith (01' with any paper hereafter filed in this application by this film) to our Deposit Account No. 03-2775, under Order No. 15778-00181-US, from which the undersigned is authorized to draw. -1 Dated: November 8, 2011 Respectfully submitted, Electronic signature: IMatthew W. Hammersley/ Matthew W. Hammersley Registration No.: 61,006 CONNOLLY BOVE LODGE & HUTZ LLP 1007 N0I1h Orange Street P. O. Box 2207 Wilmington, Delaware 19899-2207 (302) 658-9141 (302) 658-5614 (Fax) Attomey for Appellants -8 APPENDIX A - CLAIMS APPENDIX Claims Involved in the Appeal of Application Serial No. 12/262,346 1. (Previously presented) A composition consisting essentially of: a polycarbonate; 0.01 to < 0.3 wt.% of a polyether polyol having a molecular weight of 1100 to 6000; and 0.01 to 0.8 wt.% of a salt of: (i) a metal selected from the group consisting of alkali metals, alkaline earth metals and mixtures thereof, and (ii) a compound selected from the group consisting of sulfonic acids, and mixtures thereof; wherein the recited percentages by weight are based on the total composition. 2. (Original) The composition according to claim 1, wherein the polyol is present in an amount of 0.01 to 0.25 wt.%. 3. (Original) The composition according to claim 1, wherein the polyol is present in an amount of 0.01 to 0.12 wt.%. 4. (Original) The composition according to claim 1, wherein the polyol is present in an amount of0.03 to 0.11 wt. %; and wherein the salt is present in an amount of 0.03 to 0.15 wt.%. 5. (Original) The composition according to claim 1, wherein the polyol is present in an amount of 0.03 to 0.11 wt.%; and wherein the salt is present in an amount of 0.03 to 0.065 wt.%. 6-7. (Canceled) 8. (Previously presented) The composition according to claim 1, wherein the compound selected from the group consisting of sulfonic acids, and mixtures thereof is aliphatic. 9. (Original) The composition according to claim 1, wherein the salt comprises one or more selected from the group consisting of a nona-fluoro-l-butanesulfonate, a -9 diphenyl-sulfonic acid sulfonate and mixtures thereof, of an alkali metal selected from the group consisting of sodium, potassium and mixtures thereof. 10. (Original) The composition according to claim 1, wherein the salt comprises sodium or potassium nona-fluoro-l-butanesulfonate. 11. (Canceled) 12. (Previously presented) The composition according to claim 1, wherein the polyether polyol comprises a poly-C2_4-alkylene polyol. 13. (Original) The composition according to claim 1, wherein the polyol comprises polytetrahydrofuran. 14. (Original) The composition according to claim 1, further comprising an anti dripping agent. 1S. (Original) The composition according to claim 14, wherein the antidripping agent comprises a polytetrafluoroethylene. 16. (Original) A product comprising a composition according to claim 1. 17. (Original) An injection-molded, flame-resistant product comprising a composition according to claim 1. 18. (Previously presented) The composition according to clain1 1, further comprising one or more additives selected from the group consisting of fillers, UV stabilizers, heat stabilizers, mold-release agents, flow improvers, anti statics and pigments. 19. (Previously Presented) The composition according to claim 1, wherein the composition has a UL94 rating ofVO. - I D 20. (Previously Presented) The composition according to claim 1, wherein the composition is transparent and has a UL94 rating ofVO. 21. (Previously Presented) A composition consisting of: a polycarbonate; 0.01 to < 0.3 wt.% ofa polyether polyol having a molecular weight of 1100 to 6000; 0.01 to 0.8 wt.% of a salt of: (i) a metal selected from the group consisting of alkali metals, alkaline earth metals and mixtures thereof, and (ii) a compound selected from the group consisting of sulfonic acids, and mixtw'es thereof; and one or more additives selected from the group consisting of fillers, UV stabilizers, heat stabilizers, mold~release agents, flow improvers, antistatics and pigments; wherein the recited percentages by weight are based on the total composition. -11 Copy with citationCopy as parenthetical citation