Ex Parte Majumdar et al - Page 3




          Appeal No. 2004-0461                                                        
          Application No. 09/532,371                                                  


          Independent claim 14 recites that the phosphorescent layer is               
          "substantially free of rubber."  Claim 25, the other independent            
          claim on appeal, recites that the "phosphorescent layer is a                
          phosphorescent pigment or a blend comprising a phosphorescent               
          pigment and a carrier . . . wherein said carrier is substantially           
          free of rubber."  According to appellants, "the glow-in-the-dark            
          tire of the present invention offers a safety tire which can be             
          more easily seen in low visibility or nighttime conditions when             
          compared to conventional tires without a phosphorescent layer"              
          (page 3 of principal brief, second paragraph).                              
               The appealed claims stand rejected under 35 U.S.C. § 103 as            
          follows:                                                                    
               (a) claims 14 and 25 over Rogal in view of Kanenari, Kubota            
          and De Young;                                                               
               (b) claims 15-20, 26-29 and 33 over the references stated in           
          (a) above further in view of Majumdar;                                      
               (c) claims 21, 30, 31 and 36 over the references stated in             
          (a) above further in view of Shimizu and Anderson;                          
               (d) claims 32 and 37 over the references stated in (c) above           
          further in view of either Santilli, Pollard or Nguyen; and                  
               (e) claims 34 and 35 over the references stated in (a) above           
          further in view of Smith and Fukumoto.                                      


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