Ex Parte Kuze - Page 3



          Appeal No. 2006-0190                                                        
          Application No. 10/113,567                                                  

                    wherein angles of inclination of the edge lines, which            
               severally connect the convex flexion points and the concave            
               flexion points between the zigzag shapes on the tread face             
               side and the bottom side facing one another, with respect to           
               a direction of diameter of the tire are set in a range from            
               10o to 35o when the edge lines are projected onto a plane               
               orthogonal to a direction extending from the sipe.                     
                                   THE REFERENCES                                     
          Maük et al. (Maük)            4,566,514            Jan. 28, 1986            
          Kleinhoff et al.          US 2002/0053383 A1       May   9, 2002            
               (Kleinhoff)                            (filed Mar. 24, 1999)           
          Katayama                      6,427,737            Aug.  6, 2002            
          (filed Apr. 21, 1999)                                                       
                                   THE REJECTIONS                                     
               Claims 1 and 3-5 stand rejected under 35 U.S.C. § 112,                 
          second paragraph, as being indefinite for failing to particularly           
          point out and distinctly claim the subject matter which the                 
          appellant regards as the invention, and under 35 U.S.C. § 103 as            
          being obvious over Maük in view of Katayama and optionally                  
          further in view of Kleinhoff.1                                              





               1 JP 6-48123, which the examiner optionally relied upon in             
          the final rejection (page 3) as an alternative to Kleinhoff, is             
          not included in the statement of the rejection in the examiner’s            
          answer.  Hence, we consider the examiner’s reliance upon                    
          JP 6-48123 to be withdrawn.                                                 
                                          3                                           




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