My understanding was that they had adapted the same process to attach FR chemicals to the fabric, rather than the hydrophobic chemicals which the DOD had used. Therefore a patent on the process, rather than the function, was sufficient protection.
The economic rationale was from the fact that FR sells for more (plus the product is superior to existing FR), as opposed to costing less.
Perhaps greater protection can be achieved by patenting specifically for the FR end use. Is this what the patent applications pertain to?
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