Ex parte SHIEH et al. - Page 3




          Appeal No. 96-0150                                                          
          Application No. 07/969,244                                                  





               The references of record relied upon by the examiner are:              
          Nakai et al. (Nakai                5,230,878           Jul. 27,             
          1993                                                                        
                              (effective filing date of June 15, 1990)                
          Sasagawa et al. (Sasagawa)    Kokai 61-34072      Feb.  8, 1986             
               The appealed claims stand rejected under 35 U.S.C. § 103               
          as unpatentable over Sasagawa in view of Nakai.  We reverse.                
               The subject matter on appeal is directed to a carbon                   
          black which is defined by, inter alia, an ASTM Aggregate                    
          Volume value of less than 137,000 (nm)  and a )D50 value of3                                     
          less than 40 nm.  Based in part on these parameters, the                    
          claimed carbon black is characterized as having a small                     
          aggregate size and narrow aggregate size distribution                       
          respectively.  Such carbon black may be incorporated into                   
          rubber compositions for use as high performance racing tires.               
          Appellants contend that such tires have improved handling and               
          cornering properties, increased abrasion resistance and                     
          improved traction because of the presence of the claimed                    
          carbon black.                                                               



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