Ex Parte MISZCZAK et al - Page 10




               Appeal No. 2005-1378                                                                               10                 
               Application No. 09/227,242                                                                                            


                       discussed in U.S. Patent No. 5,580,475 issued 3 December 1996, entitled                                       
                       “Flux-Cored Wire for Gas Shield Arc Welding with Low Fume”....                                                
                               It is also known in the field of flux-core weld wires to add carbon to the                            
                       flux-core composition to compensate for any degradation in weld deposit                                       
                       mechanical properties otherwise associated with the reduction of the carbon                                   
                       content in the steel sheath.                                                                                  
               Moreover, Nagarajan’s low carbon metal-core weld wires are not said to suffer from the                                
               fume problem described in the affidavit and the specification.                                                        
                       Thus, based on the totality of record, including due consideration of the appellants’                         
               arguments and evidence, we determine that the preponderance of evidence weighs most                                   
               heavily in favor of obviousness within the meaning of 35 U.S.C. § 103.  Hence, we affirm                              
               the examiner’s decision rejecting all the appealed claims under 35 U.S.C. § 103.                                      


























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