Ex Parte OKAMOTO et al - Page 6

                Appeal 2007-1902                                                                                  
                Application 09/398,006                                                                            
                6-7).  In this respect, the Examiner contends Gaudin illustrates a variety of                     
                belt configurations of cord layers of varying widths (id. 7).  On this basis,                     
                the Examiner concludes one of ordinary skill in the art would have selected a                     
                suitable belt assembly as suggested by the references (id.).  The Examiner                        
                contends, with respect to the claim limitation the outermost cord layer is 1.0-                   
                1.2 times the width of the middle cord layer, that Farnsworth Figs. 3b-c                          
                illustrate an arrangement in which the high angle outermost cord layer                            
                covers and extends beyond the end of the middle cord layer falling within                         
                the claimed range (id. 7-8).                                                                      
                       The Examiner contends the evidence beginning on page 54 of the                             
                Specification, Table 2                                                                            
                       can only show that improved cut resistance is obtained by                                  
                       providing an outermost [cord layer] having a width greater than                            
                       the position of the grove under which the property is  measured                            
                       – the table does not provide a showing of unexpected results for                           
                       the outermost [cord layer] having a width between 1.0 and 1.2                              
                       times the width of the middle [cord layer].  This is to be                                 
                       expected since one would not expect improved resistance if the                             
                       relevant reinforcement [cord] layer (outer most belt [cord]                                
                       layer) does not even extend beyond the point under which a                                 
                       given property is measured (as is the case in Comparative                                  
                       Examples 7 and 8).  In fact, Examples 15 and 16 result in the                              
                       best cut resistance– [sic] in these examples, though, the                                  
                       outermost cord layer has a width that is actually smaller than                             
                       the middle cord layer (same structure as Figure 1 of                                       
                       Farnsworth).                                                                               
                Answer 8 (emphasis omitted).                                                                      
                       The Examiner contends Kohno discloses a similar tire construction                          
                wherein the steel cords of the outermost cord layer of the belt are coated                        
                with rubber having a compression modulus greater than 200 kgf/mm2, in                             
                order to prevent the cords from moving and causing local load buckling, and                       

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