Ex Parte Hayakawa et al - Page 7



          Appeal No.  2006-0977                                                       
          Application 10/250,605                                                      

          requiring, among other things, a cyclopentadiene compound” (page 5          
          of brief, second paragraph).  However, due to the “comprising”              
          language of the appealed claims, the examiner has accurately noted          
          that “[t]he claims do not preclude the presence of other additives          
          such as the cyclopentadienyl metal compound of Japanese ‘349 which          
          functions as a flame retardant and hardening accelerator (page 5,           
          paragraph 10, lines 1-3)” (page 9 of answer, last paragraph).               
               The examiner also properly notes that appellants do not                
          separately address the separate rejection of claims 1, 3-5 and 7-9          
          under § 103 over Japanese ‘349 in view of Japanese ‘702 and Japanese        
          ‘306.  (See page 6 of appellants’ brief, last paragraph).                   
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, it is our judgment that the evidence of             
          obviousness presented by the examiner outweighs the evidence of non-        
          obviousness proffered by appellants.  Accordingly, the examiner’s           
          decision rejecting the appealed claims is affirmed.                         








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