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 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007