Amending claims during opposition proceedings

fire retardant

The Israel Patent Law 1967 allows corrections and ammendments. Scribal errors can be corrected at any time. Claims can be amended during prosecution, provided there is support for the amendments in the specfication. Under Sectons 65 and 66, on allowance, both during opposition proceedings and after the patent issues at patentee’s request, the scope of the claims may be amended provided the amendment is a narrowing of the claim coverage.

Albermarle Corporation filed Israel Patent Number 141905 titled “IMPROVED BROMINATED POLYSTYRENIC RESINS AND THEIR USE”. The invention relates to brominated polystyrenes as a fire retardant. The patent was filed in 1999 and was allowed and published for Opposition Purposes in 2009.

Tarkovot Bromium LTD opposed the patent, and the two companies have been battling back and forth for the past 5 years. Now Albermarle has requested to amend the claims. The proposed amendments is the addition of the underlined in the following claims:

“1. A brominated styrenic polymer that has ∆E solution value of said polymer if dissolved at the level of 10 wt% in chlorobenzene in the range of from about 3 to about 15,÷ an ionic bromine content of 2000 ppm or less, and at least two of the following additional characteristics:

  • a)
  • b)
  • c)

23. A brominated polystyrene characterized in that it has
An ionic bromine content of 1000 ppm or less;

 

  • A TGA temperature for 1% weight loss which is 340°C. or higher;
  • A chlorine content, if any, of less than about 100 ppm Cl;
  • A thermal stability in the Thermal Stability Test of 1500 ppm HBr or less;
  • An actual Mw which is within about 20% of its calculated theoretical Mw, the theoretical Mw being based upon the actual bromine content of the brominated styrenic polymer and the Mw of the styrenic polymer reactant used to produce the brominated styrenic polymer; and
  • Essentially no content of impurities selected from the group consisting of bromodichloroethane, dibromochloroethane, dibromodichloroethane, and tribromochloroethane.; and
  • ∆E solution color value of said polymer if dissolved at the level of 10 wt% in chlorobenzene in the range of from about 3 to about 15.

48. A composition which comprises a thermoplastic polymer having blended therewith at least a flame retardant amount of brominated styrenic polymer having, prior to blending, a total bromine content of about 50 wt% or more, a TGA temperature for 1% weight loss which is 340°C. or higher, and a chlorine content, if any, of less than about 700 ppm, and a ∆E solution color value of said polymer if dissolved at the level of 10 wt% in chlorobenzene in the range of from about 3 to about 15.

56. A composition which comprises a thermoplastic polymer having blended therewith at least a flame retardant amount of brominated styrenic polymer having, prior to blending, a total bromine content above about 50 wt%, and a thermal stability in the Thermal Stability Test of 200 ppm HBr or less, and a ∆E solution color value of said polymer if dissolved at the level of 10 wt% in chlorobenzene in the range of from about 3 to about 15.

 

 The parties agree that the additional phrase “∆E solution color value of said polymer if dissolved at the level of 10 wt% in chlorobenzene in the range of from about 3 to about 15” is supported by the specfication.

 

 

Patent Office Interim Decision re Il 141905,  Torkovot Brome vs. Albermarle, Decision by Asa Kling, 12 November 2014.

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