Ex Parte Lorah et al - Page 7




         Appeal No. 2004-1900                                                       
         Application No. 09/981,350                                                 


         beneficial properties to the claimed composition relative to the           
         prior art composition produced by t-butyl hydroperoxide initiator          
         exemplified in Yang.  See the Brief and the Reply Brief in their           
         entirety.                                                                  
              Thus, on this record, we determine that the evidence of               
         obviousness, on balance, outweighs the evidence of                         
         nonobviousness. Hence, we concur with the examiner that the                
         claimed subject matter as a whole would have been obvious to one           
         of ordinary skill in the art within the meaning of 35 U.S.C.               
         § 103.  Accordingly, we affirm the examiner’s decision rejecting           
         claims 1 through 6 under 35 U.S.C. § 103.                                  



















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