Appeal No. 1999-1835
Application No. 08/654,976
Moreover, the motivation provided in the prior art does not have
to be the same as that of the appellants. In re Kemps, 97 F.3d
1427, 1430, 40 USPQ2d 1309, 1311 (Fed. Cir. 1996).
VI. Rejection of Claims 13, 15, 16, and 18 under
35 U.S.C. § 103 over the Combined Teachings of JP
'917, JP '712, and Yamaguchi
The examiner found:
Japan '917, directed to a pneumatic tire which
one of ordinary skill in the art would readily
understand as being vulcanized as all pneumatic tires
are, discloses a pneumatic tire having blocks which
are defined by circumferential grooves and lateral
grooves wherein each block contains plural sipes. In
figure 1, Japan '917 shows each sipe as having a bent
portion. In figures 2-6, Japan '917 shows two
different embodiments. In each of these embodiments,
each sipe has an enlarged portion at the bottom
thereof. The shape of the enlarged portion ("flask
shaped portion") can be best seen in figures 7 and 8.
The enlarged portion is "divided" at the bent portion.
For example, see figure 2 and figure 3 and figure 4.
(Examiner's answer, page 14.) The examiner further found that
JP '712 teaches "a sipe in a block of a pneumatic tire wherein
(1) the sipe comprises a 'flask shaped' enlarged bottom portion
and (2) the sipe has an end terminating in the block instead of
being open at both ends." (Id.) Additionally, the examiner
determined: "Yamaguchi teaches providing sipes in the block of
the tread and specifically suggests sipes each of whose one end
18
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