Ex Parte Warchol et al - Page 8

                Appeal 2007-0163                                                                             
                Application 10/318,898                                                                       

                      The dispositive question is, therefore, whether one of ordinary skill in               
                the art would have been led to employ the claimed distance and groove size                   
                in question in the tire taught by Young within the meaning of 35 U.S.C.                      
                § 103.  On this record, we answer this question in the affirmative.                          
                      As is apparent from pages 9-11 of the Answer, the Examiner                             
                demonstrated that such distance and groove size are result effective variables               
                for the tire of the type discussed in Young.  Specifically, the Examiner found               
                (Answer 9-11), and the Appellants have not disputed (Br. 5-9), that:                         
                            Nakamura discloses a heavy load pneumatic radial tire                            
                      for use on trucks comprising a tread, circumferential grooves                          
                      and a belt having four layers and a fine circumferential groove                        
                      ("narrow decoupling groove") in the shoulder portion of the                            
                      tread.  The fine groove has an aperture width of 4-12 mm.                              
                      Nakamura teaches that if the groove bottom end 54A of the fine                         
                      groove gets nearer the belt, the deformation of rubber                                 
                      surrounding the belt 6 increases and crack of the rubber from                          
                      the vicinity of the groove bottom 54A is likely to be generated.                       
                      See col. 8 lines 45-67, col. 9 lines 1-8.  In order to prevent                         
                      cracking, Nakamura teaches locating the groove bottom 54A                              
                      nearer the axially external side of the tire than position W100                        
                      and nearer to the tread surface than position D1.  See col. 7                          
                      lines 18-34.  In figure 1, the axially outermost end of the four                       
                      layer belt is axially inward of position W100. . . .                                   
                            Travers discloses a pneumatic tire comprising decoupling                         
                      grooves wherein the tire has decreased rolling effort, improved                        
                      road holding ability, and greater resistance to wear and tear.                         
                      See col. 1 lines 43-52, col. 1 lines 70-73, col. 2 lines 1-25, col.                    
                      3 lines 27-30.  Travers teaches that the decoupling groove 7                           
                      should have a width of 4.5 mm to 15 mm for heavy load tire.                            
                      See col. 3 lines 69-75, col. 4 line 1.  Travers also teaches that                      
                      the bottom of the groove should be rounded rather than angular                         
                      to avoid splitting of the rubber at the bottom of the groove.  See                     
                      col. 4 lines 7-15.  [Emphasis added.]                                                  

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