Ex parte LIPOVAC - Page 6




                 Appeal No. 1998-2985                                                                                          6                  
                 Application No. 08/725,212                                                                                                       

                                                                                                                                                 
                         When shaping, the color patch does not conform to the deformation of the                                                 
                         tire and the color patch slips off or separates and the good product can not be                                          
                         obtained.  [Column 2, lines 50-61.]                                                                                      

                 Hayakawa solves the conflicting problems through the utilization of a specific                                                   

                 process wherein the color patch is previously partially vulcanized to a vulcanization                                            

                 degree of 50 - 80% in order to readily fit the mold.  See column 3, lines 4-5 and claim                                          

                 1.  The partially vulcanized patch is thereafter adhered to the side wall of the green case,                                     

                 i.e., an unvulcanized rubber.  See column 3, lines 36-41.  Furthermore, the state of                                             

                 vulcanization is critical.  The patch must have the requisite degree of prevulcanization                                         

                 prior to attachment to the sidewall.  See column 3, line 46 to column 4, line 3.                                                 

                 In contrast and contrary to the specific teachings of Hayakawa, Kraft discloses a                                                

                 process for preparing a tire with a side wall having a plurality of scuff ribs and grooves                                       

                 over the surface of a tire.  See column 1, lines 20-29.  The tire is manufactured by                                             

                 curing a sheet of pigmented rubber against the ribs and grooves and then buffing the                                             

                 rubber off of  the ribs to leave it in the grooves.  See column 1, lines 35-37.  However,                                        

                 contrary to the specific teachings of Hayakawa, the pigmented rubber sheet is                                                    

                 unvulcanized.  See column 2, lines 69-70 wherein Kraft discloses that, “[t]he sheet is                                           

                 cured against the tire sidewall portion 5 and the tire is then removed from the matrix.”                                         

                 As to the status of the tire itself, Kraft requires that the tire, “is cured or vulcanized to at                                 

                 least the resilient, elastic state.”  See column 2, lines 53-54 and claim 1.                                                     







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