Ex Parte Landi et al - Page 19



          Appeal No. 2006-0369                                       Παγε 19          
          Application No. 10/225,395                                                  
          case as to why one of ordinary skill in the art would have been             
          discouraged to use a peroxide cross-linking agent with the                  
          radiation curable EPDM carrying substrate of Urban for reasons              
          advanced above and in the answer.  While Yokono does teach using            
          a sulfur curing agent, that teaching does not detract from the              
          teaching of using a radiation curable EPDM as set forth in Urban            
          and/or using an epoxide cross-linking agent as suggested by                 
          Valaitis in Urban.  Nor have appellants established how the                 
          teaching of sulfur curing in Yokono detracts from or discourages            
          the use of a radiation curable substrate in Urban given the                 
          teachings of Urban and Valaitis concerning radiation induced                
          cross-linking of EPDM.                                                      
               It follows that, on this record, we affirm the examiner’s              
          obviousness rejection of claims 4, 9, 14, 16-23, 25, 26, 29 and             
          31-33 over Urban taken with Valaitis and Yokono.                            
          Concerning the examiner’s § 103(a) rejection of claims 10,                  
          34, 36 and 38-42 over Urban in view of Valaitis, Yokono, and                
                                                                                          
          article and is not so limited as to exclude an article that can             
          be cured via irradiation.                                                   









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