Ex parte JOSEFSSON - Page 6




                Appeal No. 97-1037                                                                                                            
                Application 08/467,869                                                                                                        



                was that the adhesive layer was destroyed when subjected to high                                                              
                pressure and high temperature, causing the steel strips to                                                                    
                separate from one another.4                                                                                                   
                                   The rejection of claims 1 through 3, and 5                                                                 
                                 We affirm the rejection of these claims under 35 U.S.C.                                                      
                § 103.                                                                                                                        


                                 Claim 1 is drawn to a vibration-and-noise damping                                                            
                insert for the brakes of automotive vehicles comprising,                                                                      
                                 two metal plates and a damping layer enclosed                                                                
                                 there between, wherein said damping layer is                                                                 
                                 thinner than each of said metal plates and is                                                                
                                 comprised of a rubber layer which is a sheet                                                                 
                                 that is formed and subsequently vulcanized to                                                                
                                 the two metal plates.5                                                                                       


                         4We perceive from this prior art disclosure that, as to the                                                          
                known insert with a rubber layer on both sides of a thin metal                                                                
                plate, the utilized rubber layers of undisclosed relative                                                                     
                thickness were not destroyed when subjected to high pressure and                                                              
                temperature in the disc brake system environment.  As disclosed,                                                              
                only the layer facing the rod of the hydraulic piston-cylinder                                                                
                unit was adversely effected by the formation of depressions                                                                   
                therein.  With respect to the known insert with an adhesive layer                                                             
                between thin steel plates, we are not informed as to the relative                                                             
                thickness of the adhesive layer.                                                                                              
                         5Giving the claim language its broadest reasonable inter-                                                            
                pretation, consistent with the underlying specification, we                                                                   
                understand the recitation of the relative term “thinner,” in                                                                  
                the context of the claim, to broadly denote any damping layer                                                                 
                thickness less than the respective thickness of each metal plate.                                                             
                                                                      6                                                                       





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