Appeal No. 2006-0369 Παγε 13
Application No. 10/225,395
radiation cross-linking of the EPDM which is costly and
not efficient in its use of energy.... By
incorporation of the peroxide cross-linking agent, the
reference to Valaitis expressed that one [of ordinary
skill in the EPDM curing art] was able to improve the
efficiency of the radiation cross-linking process (and
make it economical by reducing the energy needed to
achieve cross-linking) by incorporating a peroxide
cross-linking agent in the EPDM.
Here, we agree with the examiner that Valaitis represents
analogous art in that Valaitis was concerned with problems with
cross-linking of EPDM in a cost effective manner. See pages 19
and 20 of the answer. In this regard, cross-linking of EPDM is a
common feature of appellants’ invention and Urban.
We note that appellants have not submitted a reply brief in
response to the examiner’s rebuttal arguments set forth in the
answer.
As for appellants’ arguments concerning a lack of a
suggestion or motivation with a reasonable expectation of success
for the examiner’s proposed modification of Urban, we are in full
agreement with the examiner’s statement of the economy incentive
for the modification set forth in the rejection presented in the
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