Ex Parte Tsuruta et al - Page 3




          Appeal No. 2003-0895                                                        
          Application No. 09/549,703                                                  


          combination of the relative widths of the belt reinforcing member           
          and the wave or zigzag shaped reinforcing elements results in a             
          prevention of "the separation failure in the vicinity of the                
          widthwise outer end of the widest-width belt reinforcing layer"             
          (page 8 of principal brief, first paragraph).  Also, appellants             
          maintain that:                                                              
               The wave or zigzag reinforcing elements, which are                     
               capable of stretching in the circumferential direction,                
               are used in the belt reinforcing layer that is wider                   
               than the belt layer, so that it is possible to deform                  
               the widthwise outer end portion of the belt reinforcing                
               layer in a stretching direction against dragging at the                
               ground contact region" (id.).                                          
               Appealed claims 8, 10, 15 and 16 stand rejected under                  
          35 U.S.C. § 103 as being unpatentable over Iwata in view of                 
          Kohno.                                                                      
               We have thoroughly reviewed the respective positions                   
          advanced by appellants and the examiner.  In so doing, we concur            
          with appellants that the prior art cited by the examiner fails to           
          establish a prima facie case of obviousness for the claimed                 
          subject matter.  Accordingly, we will not sustain the examiner's            
          rejection for essentially those reasons expressed by appellants             
          in the principal and reply briefs on appeal.                                
               There is no dispute that Iwata, like appellants, discloses a           
          pneumatic radial tire having the presently claimed relationship             


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