Ex Parte Nanni et al - Page 3




            Appeal No. 2006-0574                                                                             
            Application No. 09/878,405                                                                       

                   The examiner has relied upon the following references as evidence of                      
            obviousness:                                                                                     
            Muraki et al. (JP ‘123)       7-90123          Apr. 04, 1995                                     
            (published Japanese Patent Application)1                                                         
            Varughese et al. (Varughese), “Chemical Interaction Between Epoxidized Natural                   
            Rubber and Silica: Studies on Cure Characteristics and Low-Temperature Dynamic                   
            Mechanical Properties,” J. Applied Polymer Science, Vol. 44, 1847-1852 (1992).                   
                   The claims on appeal stand rejected under 35 U.S.C. § 103(a) as unpatentable              
            over Varughese or JP ‘123 (Answer, page 3).  Based on the totality of the record, we             
            affirm the examiner’s rejection over Varughese essentially for the reasons stated in the         
            Answer as well as those reasons set forth below.  We reverse the examiner’s rejection            
            over JP ‘123 essentially for the reasons stated in the Brief and Reply Brief, as well as         
            those reasons set forth below.  Accordingly, the decision of the examiner is affirmed.           
             OPINION                                                                                         
                   A.  The Rejection over Varughese                                                          
                   The examiner finds that Varughese discloses the chemical interaction between              
            epoxidized natural rubber (ENR) and silica, which materials fall within the scope of the         

                                                                                                            
                   1We rely upon and cite from a full English translation of this document, previously       
            made of record.                                                                                  






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