Appeal No. 2002-0466 3
Application No. 09/456,273
THE REFERENCES OF RECORD
As evidence of obviousness, the examiner relies upon the following references:
Iwama et al. (Iwama) 4,550,135 Oct. 29, 1985
Kikuchi et al. (Kikuchi) 5,484,836 Jan. 16, 1996
THE REJECTION
Claims 1 through 41 and 47 through 53 stand rejected under 35 U.S.C. §103(a)
as being unpatentable over Iwama or Kikuchi.
OPINION
We have carefully considered all of the arguments advanced by the appellants and
the examiner, and agree with the appellants that the rejection of the claims under Section
103(a) is not well founded. Accordingly, we reverse this rejection.
The Rejection under Section 103(a)
"[T]he examiner bears the initial burden, on review of the prior art or on any other
ground, of presenting a prima facie case of unpatentability." See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner relies upon
either of two references to reject the claimed subject matter and establish a prima facie case
of obviousness.
The examiner finds that, “Kikuchi discloses a rubber composition for a tire tread.”
See Answer, page 3. The examiner further finds that, “Iwama teaches that the entire tire
is to be made of elastomer and carbon black having the three required properties.” See
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