UPC CFI 138/2025

KUNUGI (JP 2001/063323) is a relevant prior art document because it is the only prior art cited in EP'858's description, which expressly states that KUNUGI discloses a tire tread according to the preamble of Claim 1; the different technical problem (air-pumping noise vs. water drainage) is irrelevant for a product claim defined by structural features only

Fig. 1 and paragraphs [0012]–[0013] of KUNUGI disclose the 'alternating arrangement of lateral grooves' (feature 7 of Claim 1), because the sipes on each side of the longitudinal sipe are visually offset in Fig. 1 and [0013] confirms they 'may be arranged independently, at any positions on each side', meaning a non-aligned (alternating) configuration

Dependent claims 2–14 are invalid because Michelin provided no substantiated arguments that they would be valid independently of Claim 1

Auxiliary request features F1 and F2 (water channelling / surface void) do not overcome the lack of novelty over KUNUGI because they add no structural limitation absent from KUNUGI

Auxiliary request feature F3 (height H20 between 100% and 200% of Do20) introduces added matter not supported by the application as filed (WO 276)

Auxiliary request feature F5 (spacing between lateral sipes 5–20 mm) does not confer inventive step over KUNUGI as the spacing selection is arbitrary and would result from routine testing

KUNUGI is not relevant prior art because it addresses a different technical problem (air-pumping noise) rather than water drainage

KUNUGI's 'bulges' would never be exposed at the tread surface, so they cannot anticipate the 'submerged grooves' that become exposed in Claim 1

KUNUGI's bulges lack the capacity to drain water unlike the grooves in EP'858

KUNUGI does not disclose an alternating arrangement of lateral grooves (feature 7 of Claim 1)

All relevant features of Claim 1 are not disclosed within a single embodiment of KUNUGI