Appeal 2007-1902
Application 09/398,006
Fig. 6 in which “the outermost [cord layer is] wider than the middle [cord
layer] and narrower than the innermost” cord layer, contending that the
illustrative embodiments are “not disclosed as being generally applicable to
all breaker [cord layer] configurations and one skilled in the art would not
have taken away such a teaching or even a suggestion in this direction” (Br.
13). Appellants contend that Gaudin Figs. 2 and 6 show that the middle cord
layer has a high cord inclination angle while the innermost and outermost
cord layers have a low cord inclination angle in which the cord inclination
angle of the middle and outermost cord layer are measured in different
directions, thus teaching away from the claimed invention (id. 13-14, citing
Gaudin col. 3, ll. 1-14 and 24-35; see also Br. 17). On this basis, Appellants
contend Gaudin teaches that cooperation between tire parts is critical and
some features of a tire construction cannot be selected while ignoring other
features, and while teaching “a general desirability to stagger the” cord
layers, Gaudin provides no “particular way to do so” (Br. 14 and 17-18).
Appellants contend there are more than six possible cord layer relative width
designs when cord direction and inclination angle are considered, pointing
out that none of Farnsworth’s illustrative embodiments meet the claims, and
since the illustrative embodiments are not drawn to scale, there is no
evidence that the width of the outermost cord layer falls within the claimed
range relative to the width of the middle cord layer (Br. 18-19). Appellants
contend the difference in widths between the innermost and outermost cord
layers as claimed improves cut resistance (id. 19-20).
Appellants contend, with respect to the examples in Specification
Tables 1 and 2 beginning on page 54, “the advantages of the claimed subject
matter are amply set forth in the comparisons described in the Specificaiton
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