Appeal No. 2006-0190
Application No. 10/113,567
30-100º formed by twist about a radial axis shown at 12 in those
figures (col. 2, line 68; col. 3, lines 33-35). Also, “sections
10 and 11 are both inclined at approximately 45º to the
circumferential direction of the tire, yet rise in opposite
directions, with one rising to the left and the other to the
right” (col. 3, lines 1-4). The 45º angle is shown in figure
4 which is a cross-sectional view of figure 3 (col. 1, line 53).
The examiner argues that Maük’s figure 4 “reasonably conveys
inclining the sidewall of the slit at a relatively small acute
angle with respect to the radial axis” (answer, page 10), and
that “Mauk et al is not limited to sections 10 and 11 being both
inclined at approximately 45 degrees to the circumferential
direction for the simple reason that Mauk et al describes and
claims a broad range of 30 to 100 degrees for the twist angle”
(answer, pages 15-16).
The angle shown at 12 in Maük’s figures 3 and 6 formed by
twist about a radial axis is a different angle than the 45º angle
in the circumferential direction shown in Maük’s figure 4. The
examiner has not provided evidence or reasoning which shows that
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