Appeal No. 96-0205
Application No. 08/000,946
rubber may be used to make tire carcasses, tire treads, and
sidewalls is no indication or suggestion that Young’s rubber
composition may be used for the same purposes, or that Young’s
rubber composition may be used to form a tire “consisting
solely of the recited composition” as argued by the examiner
in his communication entered September 15, 1995 as Paper No.
21. In this regard, the Kirk-Othmer publication relied on by
appellants discloses at page 499 that although “it appears
that an entirely serviceable all-EPDM tire can be built, there
are no such tires currently being made (emphasis added).”
In light of the above, we are constrained to reverse the
stated rejection of the appealed claims.
OTHER ISSUES
In appellants reply brief at page 7, appellants
acknowledge that the “halogen containing copolymer” component
used in the herein claimed vulcanized tire carcass is itself
the subject of applications for patents, and that the
polymeric material is described in EPA 0 344 021 published
November 29, 1989. Prior to taking any further action in this
application, the examiner should carefully review the
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