Ex Parte GELARDEN - Page 14




          Appeal No. 2002-0701                                                         
          Application 09/201,269                                                       


          referring to all initiators that contain a t-butyl group.  The               
          examiner has not established that Oshima discloses equivalence               
          and interchangeability of all such initiators and t-butyl peroxy             
          isopropyl carbonate.  Moreover, the examiner has not established             
          that any equivalence and interchangeability of these initiators              
          for Oshima’s use, i.e., making high impact strength molded                   
          articles, would apply to Houser’s or Puschak’s polymerizations               
          for making printing inks.                                                    
               The examiner argues that in view of Oshima’s teaching that              
          using too much initiator compromises the mechanical and thermal              
          properties of the composition (col. 7, lines 14-20), one of                  
          ordinary skill in the art would have used Oshima’s initiators in             
          Houser’s and Puschak’s polymerizations to control the mechanical             
          and thermal properties of the polymer (answer, pages 9-10).  The             
          examiner, however, has not established that the mere teaching                
          that too much initiator adversely affects the mechanical and                 
          thermal properties of Oshima’s polymer for making a high                     
          mechanical strength molded article would have led one of ordinary            
          skill in the art to use Oshima’s initiators in Houser’s and                  
          Puschak’s polymerizations for making printing inks.                          




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