Ex parte MURAI et al. - Page 16




          Appeal No. 1998-1533                                      Page 16           
          Application No. 08/411,202                                                  


          mounting the assembly in a cooperating vehicle brake system,                
          and rivet fasteners 18 utilized to mechanically join friction               
          pad element 12 to backing plate element 16 with film 14 being               
          located in an intermediate position.  As shown in Figure 1,                 
          the friction pad element 12 has an upper portion opposite a                 
          lower portion wherein the upper portion has an upper width                  
          less than a lower width of the lower portion.                               


               The teachings of Feldmann have been previously set forth               
          above with respect to claim 1.                                              


              Based on the examiner's analysis and review of Hummel and              
          claim 5, the examiner ascertained (final rejection, p. 7) that              
          the only difference is the limitation that the upper width in               
          total is less than about 1/12 of a circumferential length of                
          said disc rotor at a position where said disc rotor is brought              
          into  frictional engagement with the upper portion of said                  
          friction pad member.                                                        


               With regard to this difference, the examiner determined                
          (final rejection, p. 7) that it would have been obvious at the              







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