Appeal No. 2004-0459 Serial No. 09/652,997 the rejection of claim 20 applies, i.e., claims 1, 3 and 16. See In re Ochiai, 71 F.3d 1565, 1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed. Cir. 1995); 37 CFR § 1.192(c)(7)(1997). Claim 1 O’Brien discloses a tire comprising a tire tread segment (102) with a chamber (106), and having a controlled air inlet (110) for expanding and retracting the tread segment relative to the tread surface (col. 3, lines 2-14).4 There is an indentation in the tread surface at the position of the tread segment (figure 1). O’Brien does not disclose how the chamber is formed. Hence, for a suggestion of how to form the chamber, one of ordinary skill in the art would have looked to other references in the tire art which disclose methods for forming chambers between rubber layers in tires. Honda discloses a method for forming a bag-like chamber for holding a puncture sealant (6) (page 9). The chamber is formed by placing an anti-adhesive sheet, preferably a polyfluoroethylene sheet, between a packing rubber sheet (5) and an inner liner 4 As acknowledged by the appellants (original claim 1), the casing of steel and rubber recited in the present claim 1 is conventional. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007