Ex parte WEMPLE - Page 6




          Appeal No. 99-0201                                                          
          Application No. 08/696,283                                                  


          of ordinary skill in the art would have appreciated that the                
          curvature at the ends of the rollers is provided for the                    
          purpose of permitting lubricant to protect the components by                
          circulating around the rollers while still providing                        
          sufficient area on the end faces of the rollers to transmit                 
          axial thrust, and not to protect the edges of the rollers from              
          being crushed.                                                              
               In the brake system disclosed by Majewski no lubricant is              
          circulated around the rollers, and any end thrust that might                
          be generated would appear to be accommodated through annular                
          end faces at 52 and 54, which already are of reduced diameter.              
          There thus would appear to be no reason to provide the rollers              
          with curved surfaces.  The mere fact that the prior art                     
          structure could be modified does not make such a modification               
          obvious unless the prior art suggests the desirability of                   
          doing so.  See In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,              
          1127 (Fed. Cir. 1984).  We fail to perceive any teaching,                   
          suggestion or incentive which would have led one of ordinary                
          skill in the art to provide modify the Majewski rollers in the              
          manner proposed by the examiner.  From our perspective, the                 
          only suggestion to do so is found in the luxury of the                      
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