Ex Parte Warchol et al - Page 4

                Appeal 2007-0163                                                                             
                Application 10/318,898                                                                       

                axially inward from C and is parallel to a line J extending from the axially                 
                outermost edge of each tread shoulder rib parallel to K.                                     
                      The Examiner has relied upon the following references in rejecting the                 
                claims on appeal:                                                                            
                Travers US 3,253,635 May 31, 1966                                                            
                Kishi US 5,522,442 Jun. 4, 1996                                                              
                Young US 5,660,652 Aug. 26, 1997                                                             
                Ohya US 5,800,642 Sep. 1, 1998                                                               
                Nakamura US 6,681,823 B2 Jan. 27, 2004                                                       
                      The Examiner has rejected the appealed claims as follows:                              
                      1) Claim 3 under 35 U.S.C. § 112, second paragraph, as being                           
                      indefinite for failing to particularly point out and distinctly claim the              
                      subject matter which the applicants regard as their invention;1                        
                      2) Claim 7 under 35 U.S.C. § 102(b) as anticipated by the                              
                      disclosure of Young;                                                                   
                      3)  Claims 1 through 4, 6 through 10, and 12 under 35 U.S.C.                           
                      § 103(a) as unpatentable over the combined disclosures of Young,                       
                      Nakamura, and optionally at least one of Travers and Kishi; and                        
                      4)  Claims 5 and 11 under 35 U.S.C. § 103(a) as unpatentable over                      
                      the combined disclosures of Young, Nakamura, Ohya, and optionally                      
                      at least one of Travers and Kishi.                                                     




                                                                                                            
                1  The Examiner has withdrawn the 35 U.S.C. § 112, second paragraph,                         
                rejection of claims 1, 2, and 4 through 12 set forth in the final office action              
                dated July 1, 2005 (Answer 4).                                                               
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