Ex parte TANABE et al. - Page 16


         Appeal No. 1999-1835                                                       
         Application No. 08/654,976                                                 


         facie obvious to provide a sipe having only one end open to a              
         side surface of the circumferential groove in JP '108 as                   
         expressly suggested in JP '108.  That is, when the sipe of JP              
         '108 has only one end open to a side surface of a                          
         circumferential groove, the sipe would be "at a substantially              
         uniform depth that extends from a lateral edge of the block-               
         shaped island portion and ends prior to reaching the opposite              
         lateral edge of the block-shaped island portion" as recited in             
         appealed claim 13.  Although JP '108 does not describe the tire            
         manufacturing process, the appealed claims are directed to a               
         tire and not a process.  In re Thorpe, 777 F.2d 695, 697, 227              
         USPQ 964, 966 (Fed. Cir. 1985).                                            
              We need not discuss JP '712 and Yamaguchi because they are            
         cumulative to JP '108.                                                     
              The appellants argue that the invention recited in appealed           
         claim 13 prevents a blade of a mold from bending during                    
         vulcanizing molding and provides a tire having good on-ice                 
         performance.  (Appeal brief, page 29.)  Also, it is said that              
         the invention "enhances both wear resistance against partial               
         wear and dry driving stability."  However, the appellants have             
         not specifically pointed to any objective evidence, which is               
         commensurate in scope with the claims and which is sufficient to           


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