Ex Parte OKAMOTO et al - Page 5

                Appeal 2007-1902                                                                                  
                Application 09/398,006                                                                            
                in the art would consider Farnsworth’s illustrated tire to conventionally                         
                contain tread grooves, and “would have expected the outer [cord layer] to                         
                extend outward of the outermost tread grooves . . . [which] are positioned                        
                axially inward of the axial outermost end of the tread” (id. 5).                                  
                       The Examiner contends while Farnsworth does not expressly require                          
                the outermost cord layer to have an intermediate width with respect to the                        
                innermost cord layer and middle cord layer of the belt, the reference would                       
                have suggested to one of ordinary skill in the art a wide range of belt                           
                assemblies having varying belt cord layer widths, placing no criticality on                       
                the relative widths of the different cord layers as illustrated in Farnsworth                     
                Figs. 1-3c (Answer 5).  Thus, the Examiner concludes this person “would                           
                have found it obvious to form the outer [cord layer] narrower than the                            
                innermost [cord layer] and wider than the middle” cord layer (id.).                               
                       In this respect, the Examiner further contends Gaudin acknowledges it                      
                was known in the art “to stagger the ends of belt [cord layers] in order to                       
                avoid” stress buildup and discloses that “a wide number of belt arrangements                      
                having varying [cord layer] axial widths provide a suitable belt                                  
                construction,” pointing out the belt construction illustrated in Gaudin Figs.                     
                6-11 is “similar to that of Farnsworth in that three steel [cord layers] are                      
                included” (id. 5-6, emphasis omitted, citing Gaudin col. 1, ll. 34-45, col. 2,                    
                ll. 24-32, and Figs. 6-11).  The Examiner contends Farnsworth Figs.                               
                1 and 3b-c illustrate belt embodiments in which the outermost cord layer is                       
                the “high angle” cord layer, and that while no illustrative belt embodiment                       
                has “the high angled [cord] layer as being both narrower than the innermost                       
                [cord] layer and wider than the middle [cord] layer,” Farnsworth places no                        
                criticality on the axial relationship between the cord layers in the belt (id.                    

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