Ex parte TANABE et al. - Page 19


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


         is open to the groove and each of whose other end is closed as             
         being an alternative forms [sic] for sipes."  (Id. at page 15.)            
              Based on these prior art teachings, the examiner determined           
         that the subject matter of appealed claim 13 would have been               
         prima facie obvious within the meaning of 35 U.S.C. § 103.                 
         (Id.)  We agree.                                                           
              The appellants argue that JP '917 does not disclose a tire            
         manufactured by vulcanized molding using a mold.  (Appeal brief,           
         page 31.)  As we discussed above, however, the appealed claims             
         are directed to a tire and not a molding process.                          
              The appellants allege that JP '917 does not disclose "that            
         the blade forms a lateral sipe at a substantially uniform                  
         depth..."  (Id.)  On this point, we agree with the examiner's              
         analysis.  (Examiner's answer, page 22.)  Here, the appellants             
         do not point to any part of the present specification that would           
         indicate that the term "substantially uniform depth" would not             
         encompass the depths shown in JP '917.                                     
              The appellants urge that there is no motivation to combine            
         the references because these references do not disclose the                
         problem solved by the present invention.  (Appeal brief, pages             
         31-32.)  As we discussed above, however, the motivation for                




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