Appeal 2007-0163
Application 10/318,898
third intermediate belt layers, and a radially outer belt layer, which are part
of Young’s pneumatic radial ply truck tire (Answer 6-7). The Examiner has
also referred to Figure 8 of Young as illustrating decoupling grooves having
“an axially innermost sidewall extending to an axially outermost ground-
contacting edge of the tread shoulder rib and an axially outer recessed rib of
reduced radial height” as required by claim 7.
The Appellants only argue that Young does not teach the limitation
“wherein a line K drawn through the center C and to the axially outermost
end of the belt layers extends axially inward from C and is parallel to a line J
extending from the axially outermost edge of each tread shoulder rib parallel
to K” recited in claim 7 (Br. 4-5). This limitation appears to define the
locations of the belt layers with respect to the decoupling grooves and the
tread shoulder ribs.
Therefore, the dispositive question is whether Young teaches such
limitation within the meaning of 35 U.S.C. § 102(b). On this record, we
answer this question in the affirmative.
As correctly illustrated by the Examiner at page 8 of the Answer,
substantial evidence supports the Examiner’s finding that Young’s Figure 8
shows a structure embraced by the limitation in question. Specifically,
Young’s Figure 8 shows “an axially outermost end of the belt layers is
located axially inward of the curved bottom of the narrow decoupling
groove” as required by claim 7 (id). The Examiner correctly found that
reciting “lines K and J [in claim 7] fail[s] to require [a] structure different
from that disclosed and shown by Young et al.” (Answer 9). The
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