Ex Parte Weydert et al - Page 2

                Appeal 2007-0103                                                                                 
                Application 10/603,023                                                                           
                polyisoprene rubber, 3,4-polyisoprene rubber, styrene/butadiene copolymer                        
                rubbers, isoprene/butadiene copolymer rubbers, styrene/isoprene copolymer                        
                rubbers, styrene/isoprene/butadiene terpolymer rubbers, cis 1,4-                                 
                polybutadiene rubber and medium to high vinyl polybutadiene rubber having                        
                a vinyl 1,2- content in a range of about 15 to about 85 percent and emulsion                     
                polymerization prepared butadiene/acrylonitrile copolymers;                                      
                       (B)  from about 1 to about 60 phr of a starch/synthetic plasticizer                       
                composite; and                                                                                   
                       (C)  from about 0.1 to about 10 phr of an adduct of maleic anhydride                      
                and polybutadiene.                                                                               
                       The Examiner relies upon the following references as evidence of                          
                obviousness:                                                                                     
                Corvasce   US 5,672,639   Sept. 30, 1997                                                         
                Huynh-Tran   US 2003/0152758 A1  Aug. 14, 2003                                                   
                       Appellants' claimed invention is directed to a tire tread comprising a                    
                vulcanizable rubber composition that comprises, inter alia, an adduct of                         
                maleic anhydride and polybutadiene.  According to Appellants, "the present                       
                specification includes evidence of unexpected results to obviate any finding                     
                of obviousness" with respect to the inclusion of an adduct of maleic                             
                anhydride and polybutadiene to the claimed vulcanizable rubber                                   
                composition (page 6 of Br., last paragraph).                                                     
                       Appealed claims 1-12 and 16 stand rejected under 35 U.S.C. § 103(a)                       
                as being unpatentable over Corvasce in view of Huynh-Tran.  The Examiner                         
                acknowledges that Corvasce does not teach the use of the claimed adduct of                       
                maleic anhydride and polybutadiene in the rubber compositions, but it is the                     
                Examiner's position that it would have been obvious for one of ordinary skill                    
                in the art to incorporate the adduct, as taught by Huynh-Tran, in the rubber                     


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