Ex parte NAKAJIMA et al. - Page 3




          Appeal No. 1997-1064                                                        
          Application No. 08/391,096                                                  


               Claim 1 is representative and is reproduced below:                     
               1.   A friction material comprising a fibrous                          
          reinforcement,      an inorganic filler, a friction modifier,               
          and an organic      thermosetting resin binder, wherein said                
          inorganic filler    contains molybdenum trioxide.                           
               As evidence of obviousness, the examiner relies upon the               
          following prior art references:                                             
          Marzocchi et al. (Marzocchi)      3,967,037            Jun.                 
          29, 1976                                                                    
          Nagahiro et al. (Nagahiro)        5,258,441       Nov.                      
          2, 1993                                                                     
               The appealed claims stand rejected under 35 U.S.C. § 103               
          as unpatentable over Marzocchi in view of Nagahiro.  We cannot              
          sustain the stated rejection.                                               
               The subject matter on appeal is directed to a friction                 
          material comprising a fibrous reinforcement, an inorganic                   
          filler, a friction modifier, a thermosetting resin binder,                  
          wherein either a part or the whole of the inorganic filler is               
          constituted by molybdenum trioxide.  The presence of                        
          molybdenum trioxide is said to provide the claimed friction                 
          material with good resistance to fading, the common phenomenon              
          of the friction coefficient lowering during braking.                        
          Additionally, the claimed friction material is said to                      
          experience a reduction in cracks and deterioration caused by                
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