Ex parte UMEZAWA et al. - Page 8




          Appeal No. 95-4588                                                          
          Application 08/127,123                                                      



          apparent from the original description in the specification as              
          filed, the material of the brake band lining (1) is permeable               
          to the oil used there-in and as such cannot provide cavities                
          of the type claimed which are "sealed."  Appellants' own                    
          description of the invention on                                             


          pages 2-3 of their brief would seem to support this                         
          understanding of the invention.  On page 3 of the brief it is               
          noted that the lining (1) "is permeable and thus the                        
          lubricating oil can flow into and out of lining 1 as required               
          for cooling" (emphasis added).                                              


                    In summary, as noted above, the decision of the                   
          examiner rejecting appealed claims 3 through 5, 8 through 10,               
          12 through 14 and 16 under 35 U.S.C.  103 is reversed.  In                 
          addition, a new ground of rejection of claims 3 through 5, 8                
          through 10, 12 through 14 and 16 under 35 U.S.C.  112, first               
          paragraph, has been added pursuant to 37 CFR  1.196(b).                    





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