Ex Parte O'Brien et al - Page 11



          Appeal No. 2004-0459                                                        
          Serial No. 09/652,997                                                       
          controlling the flow of air to and from the expansion chambers”             
          (answer, pages 7-8).                                                        
               The appellants argue that their “controls are contained in or          
          on the wheel and avoids [sic] the need for external control as              
          taught by Hirakawa” (brief, page 10), and that “Hirakawa does not           
          teach a process for utilizing a primary chamber of the same tire            
          to produce expansion of the secondary chamber” (reply brief,                
          page 7).                                                                    
               As discussed above, the suggestion for using the primary               
          chamber of the same tire to expand the chamber in O’Brien’s tire            
          tread would have been provided to one of ordinary skill in the art          
          by Voelkel.  Also, contrary to the appellants’ argument, claim 16           
          does not require that the air pressure control is in or on the              
          wheel.                                                                      
               The appellants do not challenge the examiner’s argument that           
          one of ordinary skill in the art would have understood that                 
          pressure control would have been desirable in any inflation                 
          process in the tire art and that Hirakawa provides evidence of              
          that desirability in the context of expansion chambers in tire              
          segments.  Consequently, we accept the examiner’s argument as               
          being correct.  Moreover, because the chambers in O’Brien’s tire            
          tread clearly are less resistant than the tire carcass to air               
          pressure, the suggestion by Voelkel of using air from the same              
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