Ex Parte Rodgers et al - Page 5



          Appeal No. 2004-1784                                                        
          Application No. 09/685,372                                                  
          rubber track with an inside rubber layer which generally                    
          corresponds to the here claimed guide lug support layer, fails to           
          identify this inside rubber layer as having the rubber                      
          composition defined by appealed independent claim 1.  In the                
          examiner’s view, however, it would have been obvious for an                 
          artisan to modify the Yokohama Rubber Co. reference so that the             
          inside rubber layer is comprised of the composition in question             
          in view of Sandstrom who is said to teach such a rubber                     
          composition.  We cannot agree.                                              
               This is because the rubber composition of Sandstrom is for             
          the preparation of the tread and sidewall components of tires               
          designed for relatively heavy loads such as truck tires (e.g.,              
          see the Abstract and the first paragraph on page 2).  We find               
          nothing and the examiner points to nothing in the applied prior             
          art which would have suggested that a rubber composition suitable           
          for preparing the tread and sidewall components of such tires               
          also would be suitable for preparing the inside rubber layer of             
          the endless rubber track taught by the Yokohama Rubber Co.                  
          reference.  Likewise, we find nothing and the examiner points to            
          nothing which would have given an artisan a reasonable                      
          expectation that Sandstrom’s tire tread and sidewall composition            
          would be successful when used for preparing the inside rubber               

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