Ex Parte Sone et al - Page 10

                Appeal 2007-0075                                                                              
                Application 10/759,299                                                                        

                shown that this limited showing can be extrapolated to, for example, the                      
                materially different polymerization catalysts and conditions, and coupling                    
                compounds encompassed by the appealed claims.  This is especially true in                     
                this situation since the examples in Iketmatsu ‘103 or ‘406 show that the                     
                molecular weigh distributions of conjugated diene polymers, for example,                      
                can vary depending on the types of catalytic components (e.g., rare earth                     
                metal compounds and organoaluminum compounds) employed.                                       
                      Thus, based on the totality of record, including due consideration of                   
                the Appellants’ arguments, we determine that the preponderance of evidence                    
                weighs most heavily in favor of obviousness within the meaning of                             
                35 U.S.C. § 103.  Accordingly, for the factual findings set forth in the                      
                Answer and above, we affirm the Examiner’s decision rejecting the claims                      
                on appeal under 35 U.S.C. § 103(a).                                                           

                V.  ORDER                                                                                     
                      The decision of the Examiner is affirmed.                                               

                VI.  TIME PERIOD FOR RESPONSE                                                                 
                      No time period for taking any subsequent action in connection with                      
                this appeal may be extended under 37 C.F.R. § 1.136(a).                                       
                                                AFFIRMED                                                      







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