Ex Parte Kurokawa et al - Page 5




          Appeal No. 2004-2071                                                        
          Application No. 09/893,109                                                  


          roller and its axial width, and that durability can be enhanced             
          by minimizing the axial width of the elastic roller to allow the            
          axial width of the rigid roller to be maximized.                            
               As indicated above, claim 1 requires the elastic roller to             
          have a width which is 13 to 45% of the overall width of the                 
          roller assembly and to have a thickness larger than the thickness           
          of the rigid roller by 5 to 25% of the thickness of the elastic             
          roller.  The appellants submit that the rejection of claim 1 is             
          unsound because the Japanese reference does not teach, and would            
          not have suggested, a roller chain meeting these limitations.               
          The examiner, on the other hand, contends that the reference’s              
          drawings show elastic roller 16 as having a width and thickness             
          which fall within the specified ratio ranges (see page 3 in the             
          final rejection), and that                                                  
               [w]hile the Japanese document does not show precise                    
               ranges of width [and thickness] ratios in the drawings,                
               the present disclosure does not show any unexpected                    
               results.  It would have been obvious to one having                     
               ordinary skill in the art at the time the invention was                
               made to utilize the claimed ratios of width and                        
               thickness, since it has been held that where the                       
               general conditions of a claim are disclosed in the                     
               prior art, discovering the optimum or workable ranges                  
               involves only routine skill in the art.  In re Aller,                  
               [220 F.2d 454,] 105 USPQ 233 [(CCPA 1955)] [final                      
               rejection, page 3].                                                    




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