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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