Appeal No. 2004-2071
Application No. 09/893,109
noise suppressing effect without causing an objectionable
reduction of durability. Given the fair teachings of the
Japanese reference with respect to the twin objectives of noise
suppression and durability and the relationship between these
objectives and the axial width and radial thickness of the
elastic roller, a person of ordinary skill in the art would have
found obvious the kind of experimentation necessary to arrive at
a roller chain having an elastic roller meeting the ratio ranges
recited in claim 1 in order to achieve a desired balance between
noise suppression and durability (see In re Boesch, 617 F.2d 272,
276, 205 USPQ 215, 219 (CCPA 1980)).
In light of the foregoing, the examiner’s determination that
the differences between the subject matter recited in claim 1 and
the prior art are such that the subject matter as a whole would
have been obvious at the time the invention was made to a person
having ordinary skill in the art is well founded.
Accordingly, we shall sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 1, and of dependent claim 2 which
stands or falls therewith (see page 4 in the main brief), as
being unpatentable over the Japanese reference.
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