Ex Parte Tsuruta et al - Page 6




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


          portion of Kohno cited by the examiner, column 1, lines 27-45,              
          reads as follows:                                                           
               On the other hand, the separation failure can be                       
               avoided by using a cord strip having a cord angle of 0°                
               instead of the limit block because the cut free end of                 
               the cord is not formed in case of using the strip.                     
               However, when using such a strip, the enlargement of                   
               the belt in circumferential direction is suppressed in                 
               a vulcanizer for green tire, which causes the serious                  
               difficulty in the manufacture of tires.  Moreover, the                 
               twisting of the cord used as a reinforcing element for                 
               the strip having a cord angle of 0° is possible to have                
               a structure that it easily elongates only at the                       
               initial curing stage and provides a given rigidity                     
               after curing.  In such a cord, however, the twisting                   
               pitch becomes short, which is disadvantageous in view                  
               of the productivity, and the cord strength is lowered                  
               due to the twisting, so that it is obliged to increase                 
               the end count in the strip considering a fear of so-                   
               called cut burst in the tire, resulting in the increase                
               of tire weight.  Furthermore, it is impossible to use a                
               monofilament as a cord material.                                       
          Manifestly, Kohno provides no such general teaching in the                  
          passage cited by the examiner, nor, from our review, anywhere               
          else.  Accordingly, since the examiner has cited no evidence that           
          one of ordinary skill in the art recognizes the benefits of a               
          wavy or undulating pattern in a belt reinforcing layer,                     
          regardless of the relative widths of the belt and reinforcing               
          layers, the examiner has failed to establish a prima facie case             
          of obviousness.                                                             




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