Ex Parte NITSCHKE et al - Page 8


             Appeal No. 2001-0083                                                                                   
             Application 08/975,267                                                                                 
             issue or in question.  We observe that Kubo teaches that the mold carriage is loaded                   
             with a mold supporting plate.  The plate when positioned in front of the vulcanizing                   
             machine is moved by a mold moving mechanism into the tire vulcanizing machine,                         
             where it is centered.  (Kubo, col. 5, lines 24 - 60). Kubo discloses alignment of the                  
             overall mold within the vulcanization machine and the automated insertion of the                       
             support plate from a shuttle.  Kubo is not relied upon for a particular mold type.                     
                    We therefore are unpersuaded by these arguments, and agree with the                             
             Examiner’s conclusion that McMaster II and Kubo rendered the claimed invention                         
             obvious to one of ordinary skill in the art at the time the invention was made.                        
             The Rejections of Claims 13 and 16 and Claim 15 Under 35 U.S.C. §103(a)                                
                    The Appellants have not directed any separate arguments to these rejections,                    
             merely stating that this rejection is “deficient for the same reasons discussed above in               
             connection with the proposed combination of [McMaster II and Kubo]” and reiterating                    
             the same argument.  Accordingly, we summarily affirm this rejection for the reasons                    
             discussed above in addressing the rejection over McMaster II in view of Kubo.                          
                                               Summary of Decision                                                  
                    The rejection of claims 1 and 5 under 35 U.S.C. §103(a) over McMaster II in view                
             of Kubo is sustained.                                                                                  
                    The rejection of claims 13 and 16 under 35 U.S.C. §103(a) over McMaster II and                  
             Kubo as applied to claim 1 above, further in view of McMaster I, is sustained.                         
                    The rejection of claim 15 under 35 U.S.C. §103(a) as being unpatentable over                    
             McMaster in view of Kubo as applied to claim 13 above, and further in view of Austin, is               
             sustained.                                                                                             


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