Ex Parte Rodgers et al - Page 2



          Appeal No. 2004-1784                                                        
          Application No. 09/685,372                                                  
          track 1 has an outer tread comprised of a plurality of raised               
          rubber lugs 3 and an inner surface comprised of a plurality of              
          rubber guide lugs 5 designed to be guided and/or engaged by a               
          vehicular drive wheel and a rubber guide lug support layer 5A,              
          wherein the guide lugs are positioned on and co-vulcanized and              
          integral with the guide lug support layer and wherein the guide             
          lug support layer is positioned on and integral with the inner              
          surface of the rubber track.  The aforementioned guide lug                  
          support layer is of a rubber composition comprised of certain               
          elastomers, a reinforcing filler and a coupling agent.  Further             
          details concerning this composition are set forth in                        
          representative independent claim 11 which reads as follows:                 
               1. An endless rubber track designed to encompass a                     
          combination of at least one vehicular drive wheel and at least              
          one vehicular guide wheel is provided wherein said rubber track             
          has an outer tread comprised of a plurality of raised rubber lugs           
          designed to be ground engaging and an inner surface comprised of            
          a plurality of spaced apart rubber guide lugs designed to be                
          guided and/or engaged by said vehicular drive wheel, and a rubber           
          guide lug support layer, wherein said guide lugs are positioned             
          on and co-vulcanized and integral with said guide lug supporting            
          rubber layer, wherein said guide lug support layer is positioned            
          on and integral with the inner surface of said rubber track; and            
          wherein said guide lug support layer is of a rubber composition             
          comprised of, based upon 100 parts by weight elastomers (phr),              

               1                                                                      
               1 On line 7 of claim 1, the following informality is present           
          and is deserving of correction: the phrase “said guide lug                  
          supporting rubber layer” lacks strict antecedent basis and should           
          read -–said guide lug support layer –-.                                     
                                          2                                           




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