Appeal No. 2004-0459
Serial No. 09/652,997
suggestion of how to keep O’Brien’s upper and lower portions of
the tread segment from adhering to each other during vulcanization
such that the desired chamber is formed. As discussed above, Case
would have provided one of ordinary skill in the art with such a
suggestion.
For the above reasons we affirm the rejection of claim 1 and
claims 2 and 20 that stand or fall therewith.
Claim 3
Claim 3, which depends from claim 1, requires that the tire
casing is mounted on a tire rim and filled with air under
pressure, and that air is directed from the casing into the
chamber for extending the tread segment. O’Brien does not
disclose the source of the air used to expand his chamber.
Voelkel teaches that the air in a tire is effective for
providing air through a valve (52) to a cylinder (22) in the tread
of the tire for expanding the cylinder such that a roadway
penetrating member (30) extends beyond the tire tread (col. 1,
lines 40-45; col. 2, lines 42-46 and 56-62; col. 2, line 71 - col.
3, line 4; col. 3, lines 50-62; col. 4, lines 24-62). This
teaching would have fairly suggested, to one of ordinary skill in
the art, use of the air in O’Brien’s tire to expand the chamber in
the tire tread segment.
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