Appeal 2007-1902
Application 09/398,006
respect to cord layer axial width based on Farnsworth’s three-cord layer
construction, all of which possible designs are illustrated as alternative
embodiments in Gaudin Figs. 6-11, and Farnsworth discloses a high cord
inclination angle cord layer radially outside a pair of low cord inclination
angle cord layers which is the cord inclination angle arrangement claimed
(id. 11-13). The Examiner contends Kohno suggests using a coating rubber
having a high modulus in the outermost cord layer and “does not teach that
such a high modulus coating rubber is specific to a circumferential belt
layer,” wherein the benefits disclosed are “directly analogous to the
benefits” disclosed in the Specification (id. 14, citing Kohno col. 4,
ll. 47-55, and Specification 9:21-23).
The Examiner contends, with respect to the examples and data
beginning on page 54 of the Specification,
only Table 2 provides a relationship between the axial widths of
the layers and the improvement in cut resistance. In this
instance, the cut resistance is actually a maximum in Example
15 in which the outermost [cord layer] 3B has a width of
110 mm and the middle [cord layer] 2B has a width of 150 mm
– this embodiment though, does not satisfy the claimed ratio of
the outermost [cord layer] having a width that is greater than
the width of the middle [cord layer] (1.0-1.2 times as wide).
Examples 17 and 18 of Table 2 are the only constructions that
are commensurate in scope with the claims. These example,
though, are not persuasive in establishing an unexpected result
for the claimed construction. In particular, the cut resistance is
measured beneath a groove at a position equal to 100 mm (Page
58). In comparing Examples 17 and 18 to Comparative
Examples 7 and 8, one would expect an increase in cut
resistance (at a position beneath a groove) because the
outermost [cord layer] has a width smaller than and equal to the
groove positioning.
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