Appeal No. 2002-0175
Application No. 09/090,225
We note that the examiner relies upon Wyman and Gilbert for
teaching the use of polyethylene as the material for use in
making tires. These references do not cure the deficiencies of
Conklin or Lee in view of Hibbert.
III. The Rejection of claims 9, 14, 15, 16, 19, and 21 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Hibbert in view of Conklin or Lee, Gilbert, and Wyman
We determine that this rejection is more unfounded than the
above-discussed rejection, and we refer to appellant’s
statements made at pages 5-8 of the brief in support of this
determination, and incorporate these statements herein. We
provide the following for emphasis.
As mentioned, supra, Hibbert forms a sheet of a plurality
of spherical cavities 10 filled with compressed air, using a
press provided with numerous hemi-spherical cavities coinciding
with one another when the press is closed, to form spherical
cavities, each filled with compressed air. See lines 74-111,
and Figure 1, of Hibbert. Because spheres are formed in the
manner as described by Hibbert, each sphere is positioned next
to another sphere in a manner that mirrors the position of each
item 4 shown in Figure 1. The examiner has not explained how
such positioning provides for spheres that are sealed lengthwise
and crosswise to form spheres, as concluded by the examiner on
page 7 of the answer. The examiner has not explained how such
positioning provides for a panel of film material being sealed
length-wise thereof to define a plurality of small diameter
pressurized spheres such that adjacent spheres share a
lengthwise seal.
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