Appeal 2007-1902
Application 09/398,006
claim 6 as unpatentable over Farnsworth, Gaudin, and Kohno as applied in
claim 1 and further in view of Okamoto (id. 9-10); and
claim 7 as unpatentable over Farnsworth, Gaudin, and Kohno as applied in
claim 1 and further in view of Imamura (id. 10-11).
Appellants argue claims 1, 3 and 26 as a group and claim 5 separately
to a limited extent with respect to the first ground of rejection (Br. 9 and 22).
Appellants argue the limitations of claims 24 and 25 “distinguish claim 24
from the applied prior art” with respect to the first ground of rejection (id.
22) which does not constitute a specific argument. The arguments that
claims 6 and 7 are “allowable at least by reason of . . . dependency” with
respect to the second and third grounds of rejection (id.) also do not
constitute specific arguments. Accordingly, we decide this appeal based on
independent claims 1 and 24 as representative of the grouping of claims as
well as claim 5 to the extent argued in the Brief and Reply Brief.2 37 C.F.R.
§ 41.37(c)(1)(vii) (September 2004).
The Examiner contends Farnsworth Fig. 1 illustrates a pneumatic tire
having steel cord belt assembly of innermost cord layer 4, middle cord layer
3, and outermost cord layer 2 wherein outermost cord layer 2 is narrower
than innermost cord layer 4 and has high angle cords (Answer 4). The
Examiner contends Farnsworth teaches the belt assembly has a maximum
axial width of between 90-110% of the tread axial width (id. 4-5, citing
Farnsworth page 1, ll. 94-96). The Examiner contends one of ordinary skill
2 An appeal, whether on brief or heard, is decided on the record. 37 C.F.R.
§ 41.37(c)(1)(vii) (September 2004) provides in pertinent part: “Any
arguments or authorities not included in the brief or reply brief filed
pursuant to § 41.41 will be refused consideration by the Board, unless good
cause is shown.” See also Manual of Patent Examining Procedure
§§ 1205.02 and 1209 (8th ed., Rev. 3, August 2005; 1200-14 and 1200-48).
4
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