Appeal No. 2003-0895
Application No. 09/549,703
cross belt layers and to prevent heat build-up at the
ends of the cross belt layers).
(Sentence bridging pages 16 and 17 of principal brief). In
particular, Kohno discloses that "[a]s the width of the crown
reinforcing layer 2 becomes wide, the heat build-up increases,
which is disadvantageous in the prevention of separation failure
at the end of the cross belt layer 2" (column 6, lines 17-20).
In response to appellants' "teaching away" argument, the
examiner contends that "Kohno provides a general teaching as to
the benefits of imparting a wavy or undulating pattern to a belt
reinforcing element, in particular a circumferential belt
reinforcing element" (page 8 of Answer). According to the
examiner, one of ordinary skill in the art would have understood
that "the benefits of a wavy or undulating pattern are not
restricted to a belt reinforcing layer that is narrower than an
adjacent crossed belt layer but in fact would be expected to be
achieved in a variety of belt components having a variety of
widths" (id.).
The examiner's position lacks factual support, i.e., the
examiner cites no passage in Kohno that can be reasonably
interpreted as a general teaching of using a wavy or undulating
pattern in the reinforcing layer, nor has the examiner cited
other prior art for this general proposition. Indeed, the
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