Appeal No. 2003-0895
Application No. 09/549,703
between the widths of the widest belt and belt reinforcing
layers. Iwata does not disclose the wave or zigzag form of the
belt reinforcing layer. For this feature, the examiner relies
upon Kohno as evidence that "it is well known and conventional in
the tire industry to impart a wavy or undulating pattern to a
circumferential belt ply in order to eliminate the suppression of
the belt in the circumferential direction during vulcanization
and allow for elongation of the reinforcing elements throughout
the vulcanization process" (page 4 of Answer, first paragraph).
As a result, the examiner concludes that "it would have been
obvious to one of ordinary skill in the art at the time of the
invention to impart a wavy or undulating pattern to the
circumferential belt reinforcing layer of Iwata, in view of
Kohno, for the benefits detailed above" (id.).
The flaw in the examiner's position is that Kohno provides a
teaching away for utilizing a wavy or undulating pattern in the
belt reinforcing layer when the belt reinforcing layer is wider
than the belt layer. As argued by appellants,
Kohno et al. specifically teaches that it is
important for the width of the crown reinforcing layer
to be narrower than the width of the cross belt layer
as seen from the description at column 5, line 34 to
column 6, line 42, and Fig. 4 of the reference (e.g.,
the width of the crown reinforcing layer should be
narrower to minimize strain at the end the [sic] of the
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