Ex Parte Landi et al - Page 11



          Appeal No. 2006-0369                                       Παγε 11          
          Application No. 10/225,395                                                  
          Valaitis with the EPDM of Urban for the radiation curing thereof            
          for reasons of economy and with the reasonable expectation of               
          success in obtaining a final product with desirable properties              
          via radiation curing of the EPDM of Urban.  We agree.                       
               Appellants argue that:                                                 
          (1) there is no motivation to combine Urban and Valaitis;                   
          (2) Urban teaches away from the use of a peroxide cross linking             
          agent with the EPDM for radiation curing thereof as taught by               
          Urban;                                                                      
          (3) Valaitis is drawn to a non-adhesive EPDM used as a roof                 
          sheeting material and there is no suggestion and/or a reasonable            
          expectation of success that would lead a skilled artisan to                 
          employ the cross-linking material of Valaitis in forming the EPDM           
          layer of Appellants.                                                        
               We do not find those arguments persuasive for the reasons              
          set forth by the examiner at pages 16-20 of the answer and below.           
          Appellants assert that Valaitis is directed to a roof sheeting              
          material that employs an EPDM that does not appear to have                  
          adhesive properties.  In this regard, we are mindful that                   
          appellants maintain that the lack of a requirement for a dusting            
          agent in Valaitis suggests a lack of adhesiveness of the EPDM               
          layers of Valaitis.  However, that argument represents mere                 






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