Appeal 2007-0005
Application 10/198,489
stress and flexing, we agree with the Examiner that one of ordinary skill in
the art would have had the requisite reasonable expectation that the
composites of Fujiwara can be effectively used in making an air sleeve for
an airspring. It is well settled that absolute predictability is not a
requirement for a finding of obviousness under Section 103 but, rather, only
a reasonable expectation of success. In re O’Farrell, 853 F.2d 894, 903-04,
7 USPQ2d 1673, 1681 (Fed. Cir. 1988). Certainly, it cannot be gainsaid that
automobile tires, power transmission belts, and conveyor belts are subjected
to flexation and high stress at high temperatures.
We also agree with the Examiner that it would have been obvious for
one of ordinary skill in the art to use nylon fibers instead of the aromatic
polyamide fibers that are part of Fujiwara’s invention. As explained by the
Examiner, Fujiwara specifically discloses that “aromatic polyamide fibers
are very poorly wettable to RFL solutions due to their more inactive surface
than those of aliphatic polyamide fibers or polyester fibers” and that “when
vulcanized composite products of aromatic fibers and rubbers produced by
such known methods as above do not stand uses where large shearing force
is generated between the rubber and fibers by, for example, bending,
compression or elongation under high temperature conditions, since the
adhesion therebetween is insufficient to lead to separation failure at interface
between the fibers and rubbers” (col. 1, l. 66 through col. 2, l. 9). Hence, it
can be seen that the point of Fujiwara’s invention is to make adhesion
improved between aromatic polyamide fibers and rubber compositions via
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