Appeal No. 2005-1469 Page 6
Application No. 10/463,751
(Answer, p. 5). Specifically, the Examiner refers to Cohen, column 9 lines 48-50, as
disclosing the use of silane surface treated silica in rubber compositions. This cited
portion of Cohen expresses improvements in tire treadwear, traction and rolling
resistance. The Examiner has not expressed how the improvements in the tire
compositions would have been useful in the composition of Fujii. We agree with
Appellants, Brief page 8, that Cohen does not provide a teaching, suggestion, or
incentive for using silane surface treated silica in other rubber compositions. We further
agree with Appellants, Brief pages 9-10, that while persons of ordinary skill in the art
may recognize that silane surface treated silica filler for use with a polymer matrix are
known, this knowledge by itself does not suggest that it is suitable for use in the
invention of Fujii. Neither the Cohen nor CABOT references establishes that the use of
silane surface treated silica would have been advantageous for use in the invention of
Fujii. Moreover, the Examiner has not established that silane surface treated silica
would function in the invention of Fujii.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007