Ex Parte O'Brien et al - Page 10



          Appeal No. 2004-0459                                                        
          Serial No. 09/652,997                                                       
               The appellants argue that Voekel’s air source provides for             
          external air input, is mounted separately, and is nonrotatable              
          relative to the rotatable tire (brief, page 9; reply brief,                 
          page 7).  Voekel’s air source is the tire (col. 3, lines 57-59),            
          not a separately-mounted, nonrotatable device as argued by the              
          appellants.                                                                 
               Accordingly, we affirm the rejection of claim 3 and claims 4,          
          14 and 15 that stand or fall therewith.6                                    
                                     Claims 16-19                                     
               Claim 16, which depends from claim 14 which depends from               
          claim 1, requires that the chamber in the tread segment is                  
          connected via a line through the interior of the tire casing to a           
          first valve stem which is exterior of the wheel rim, and that a             
          second valve stem projected from the wheel rim is connected to the          
          first valve stem by a line that includes an air pressure control            
          to limit the air pressure conveyed to the chamber in the tread              
          segment.                                                                    
               The examiner argues that one of ordinary skill in the art              
          would have understood that inflation pressure control is desirable          
          in any inflation process, and that Hirakawa “provides clear                 
          evidence in support of the known desirability in this art of                

               6 A discussion of Jenne and Bell is not necessary to our               
          decision.                                                                   
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