Ex parte MURAI et al. - Page 22




          Appeal No. 1998-1533                                      Page 22           
          Application No. 08/411,202                                                  


          two laterally spaced portions" while parent claim 5 recites                 
          that the friction pad members have an upper portion having an               
          upper width which is less than a lower width of a lower                     
          portion.  Second, we see no reason, absent the use of                       
          impermissible hindsight, a person having ordinary skill in the              
          art would have found it obvious to have further modified the                
          teachings of Hummel and Feldmann as combined together above                 
          with respect to claim 5 by forming each friction pad member in              
          at least two laterally spaced portions wherein the upper width              
          in total of each friction pad member is less than about 1/12                
          of a circumferential length of the disc rotor as set forth in               
          parent claim 5.                                                             


               For the reasons set forth above, the decision of the                   
          examiner to reject claim 6 under 35 U.S.C. § 103 is reversed.               


          New ground of rejection                                                     
               Under the provisions of 37 CFR § 1.196(b), we enter the                
          following new ground of rejection.                                          










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