Appeal No. 1996-1127
Application No. 07/975,587
are well suited for use in rubber compositions. These carbon blacks are said to impart a
combination of improved abrasion resistance and reduced hysteresis to rubber
compositions, particularly passenger car tires, in which they are incorporated. According
to appellants, passenger car tires produced from rubber compositions incorporating these
carbon blacks have (1) improved abrasion resistance, increasing the tread wear of the tire;
and (2) lower rolling resistance, resulting from lower hysteresis, improving the fuel
economy of a vehicle using the tires. Claim 1, which is illustrative of the subject matter on
appeal, reads as follows:
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1. A carbon black having a N SA of at least 100 m /g; a CDBP of at least 105
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cc/100g, a TINT (Tint Value) of from 90 to 140; a Dmode (nm) $ 218 - 1.12 (TINT);
and a )D50/Dmode ratio of from 0.6 to 0.8.
THE ISSUE
The issue presented for review is whether the examiner erred in rejecting claims 1
through 8 under 35 U.S.C. § 103 as unpatentable over U.S. Patent No. 5,124,396, issued
June 23, 1992, to Branan, et al. (Branan).
DISCUSSION
In the Appeal Brief, page 3, appellants state that "[c]laims 1-8 stand, or fall, together
for consideration of the 35 U.S.C. § 103 issue." Accordingly, for the purposes of this
appeal, we shall treat claims 2 through 8 as standing or falling together with claim 1.
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