Application of Arthur R. Tomlinson, Harry H. Hall and William F. Geigle

(concurring in part and dissenting in part, with whom MARTIN, J., joins).

The majority affirms the rejection of claims 1, 2, 4, 5, 7, 8, 10-13, and 18-20 as unpatenable over the prior art use of nickel dithiocarbamates in stabilizing polypropylene. I agree with this portion of the majority opinion. However, I dissent from the majority opinion in which it reverses the board as to the rejection of claims 3, 6, 9, and 14-17. While I agree with the majority that the art with which we are here dealing is an empirical art and there is no direct teaching that polypropylene can be stabilized by the…