Ex Parte Mizuno et al - Page 3

                Appeal 2006-0886                                                                                  
                Application 10/151,093                                                                            
                       For the reasons presented by the Examiner in the Answer and the                            
                reasons provided below, we affirm.                                                                

                                                   OPINION                                                        
                       We first focus on claim 1.  This claim requires a rubber composition                       
                including a number of additives in particular concentration ranges along                          
                with a resorcinol resin and a methylene donor.  There is no dispute that, as                      
                found by the Examiner, Lickes suggests forming a rubber composition                               
                having the claimed ingredients in concentrations within the claimed ranges                        
                or in overlapping amounts.  Lickes specifically suggests adding 0-250 phr                         
                carbon black (col. 7, l. 57 to col. 8, l. 2), 10-250 phr silica filler (col. 5,                   
                ll. 23-27), 0.5-8 phr sulfur vulcanizing agent (col. 8, ll. 25-29), and about                     
                0.01 to about 0.35 wt.% of an organo-cobalt compound rubber-to-metal                              
                adhesion promoter (col. 9, l. 61 to col. 10, l. 33).1  The addition of resorcinol                 
                as a methylene acceptor and the addition of a methylene donor are also                            
                suggested (col. 9,    ll. 13-18).  Natural rubber is a preferred rubber for the                   
                rubber component (col. 2, ll. 40-41).  We emphasize that while Appellants                         
                state that conventionally more sulfur is used in such rubber compositions                         
                and that they are able to lower the amount of sulfur by adding resorcinol and                     
                methylene donor, Lickes suggests using sulfur in amounts encompassing the                         
                claimed amounts and also suggests adding resorcinol and methylene donor.                          
                       Claim 1 is directed to a breaker comprising the rubber composition.                        
                Lickes suggests using the rubber composition in various components of a                           
                                                                                                                 
                1 As acknowledged by Appellants, the term “phr” is defined by Lickes as                           
                “the parts by weight of a respective material per 100 parts by weight of                          
                rubber, or elastomer.” (Br. 5; Lickes, col. 3, ll. 37-39).  The concentrations                    
                are thus directly comparable to those claimed.                                                    
                                                        3                                                         


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