Appeal No. 1998-1533 Page 21
Application No. 08/411,202
A disc brake assembly as recited in claim 5, wherein
each of said friction pad members is formed in at least
two laterally spaced portions and wherein the upper width
and lower width are measured at outside edges of
outermost laterally spaced portions.
With respect to claim 6, the examiner ascertained (final
rejection, p. 7) that the applied prior art (i.e., Hummel)
lacks "a pair of laterally spaced rectangular friction pad
members."
With regard to this additional difference, the examiner
determined (final rejection, pp. 7-8) that such a difference
would have been obvious from the teachings of Iwashita.
The appellants argue (brief, p. 13) that the subject
matter of claim 6 is not suggested by the applied prior art.
We agree. First, we note that the examiner's ascertainment of
the difference between claim 6 and the prior art is incorrect
since claim 6 does not recite "a pair of laterally spaced
rectangular friction pad members." In fact, claim 6 recites
that "each of said friction pad members is formed in at least
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