Ex Parte Rodgers et al - Page 3



          Appeal No. 2004-1784                                                        
          Application No. 09/685,372                                                  
               (A) said elastomers comprised of                                       
                    (1) about 30 to about 70 phr of cis 1, 4-polyisoprene             
          natural rubber and, correspondingly,                                        
                    (2) about 70 to about 30 phr at least one additional              
          elastomer comprised of                                                      
                         (i) about 30 to about 70 phr of cis 1,4-                     
          polybutadiene rubber and, correspondingly,                                  
                         (ii) about zero to about 20 phr of                           
          styrene/butadiene copolymer rubber which contains from about 10             
          to about 40 weight percent bound styrene;                                   
               (B) about 30 to about 70 phr of reinforcing filler selected            
          from rubber reinforcing carbon black and synthetic amorphous                
          silica comprised of about 40 to about 70 phr of said carbon black           
          and from zero to about 50 phr of said silica, and                           
               (C) a coupling agent for said silica having a moiety which             
          is reactive with hydroxyl groups (silanol groups) contained on              
          the surface of said silica and another moiety interactive with              
          said diene based elastomer(s).                                              
               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Yokohama Rubber Co.           JP 11-199710        Jul. 27, 1999             
          Sandstrom et al. (Sandstrom ‘161) EP 0 989 161    Mar. 29, 2000             
               According to the examiner, “Claims 1-20 [sic, Claims 1-6, 8-           
          10 and 16-20] are rejected under 35 U.S.C. [§] 103(a) as being              
          unpatentable over Yokohama Rubber Co. in view of Sandstrom ‘161”            
          (answer, page 3).  In the sentence bridging pages 3 and 4 of the            
          answer, the examiner expresses his obviousness conclusion as                
          follows:                                                                    

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