Appeal No. 2002-1320
Application 09/027,776
with first contours open to the wheel rim but without a second
intermediate curvature open to the crest of the tire.
Hampshire et al. discloses an insert placed within a tire that has a tread,
sidewalls, carcass, reinforcing elements, beads and bead cores. This
insert has a rolling surface which supports the tire during an emergency
roll (15) and has one support element (16). This shape causes the insert
to have resiliency. The rolling surface is the radially exterior surface of
a ring torus (Figure 8) which is formed of a rigid material like fiber
reinforced resin. (Col. 3, ll. 12-15) The reference discloses the torus
having an axially exterior section with a first contour open to the wheel
rim and a second intermediate curvature open to the crest of the tire
(Figure 8) but does not disclose two support elements.
(Answer, pp. 5-6).
The Examiner concludes that it would have been obvious to combine the
teachings of Osada ‘810 and Hampshire. First, the Examiner asserts it would have
been obvious to modify Osada ‘810 by the design of Hampshire so that the outer
edges of tread can be supported more than the interior. The Examiner also asserts it
would have been obvious to modify Hampshire to include an additional support
because they are obvious alternatives as described in Osada ‘810. (Answer, p. 6).
We do not believe that the modification of the references as proposed by the
Examiner would have rendered the claimed invention obvious. Neither Osada ‘810
nor Hampshire disclose a emergency support member wherein the supporting
elements are resilient and the ring torus is rigid so as to maintain the bowl-shaped
cross section during an emergency roll as required by claims 1, 18 and 21.
-9-
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