Ex Parte Mizuno - Page 5




          Appeal No. 2004-1862                                                        
          Application No. 09/784,041                                 Page 5           


          to add BCl in an amount within the claimed addition amounts to              
          the chafer rubber of Muraoka.                                               
               Moreover, it is our view that the examiner has reasonably              
          determined that it would have been prima facie obvious for one of           
          ordinary skill in the art at the time of the invention to employ            
          a carbon black possessing a nitrogen adsorption specific surface            
          area with the range claimed in the chafer rubber of Muraoka based           
          on the combined teachings of the applied references for reasons             
          as set forth in the final rejection and answer.  As noted by the            
          examiner, Muraoka (column 4, lines 1 and 2) discloses the use of            
          N220 and N330 carbon blacks.  Those carbon blacks reasonably                
          correspond to carbon blacks identified in Table 2 at page 7 of              
          appellant’s specification as having a nitrogen adsorption                   
          specific surface within the claimed range.                                  
          Consequently, we agree with the examiner that the evidence                  
          furnished is sufficient to establish the prima facie obviousness            
          of the here claimed subject matter.2                                        



               2 We note that appellant does not offer any specific and               
          persuasive arguments that refute the examiner’s obviousness                 
          position concerning the carbon black limitation of claim 2 based            
          on the combined teachings of the applied references for the                 
          reasons stated in the answer.  Consequently, we do not further              
          address that limitation herein.                                             







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