Appeal No. 1997-1064
Application No. 08/391,096
based friction material include “molybdenum disulfide, carbon
and molybdenum trioxide” in light of the disclosure in U.S.
Patent No. 4,273,699 issued to Chester on June 16, 1981 at
column
2, lines 4-6 that a mixture of “friction and wear modifiers”
used in a described prior art thermosetting binder based
friction material may include “carbon, graphite, antimony
trisulfide and molybdenum disulfide”. Thus, the examiner
should focus on the question of whether or not one of ordinary
skill in this art would have had a reasonable expectation of
successfully using molybdenum trioxide as a “friction and
wear modifier” in Chester’s thermosetting based friction
material. The examiner should also note that the Chester
patent is described by appellants in their specification at
page 1 as disclosing friction materials that have a tendency
to develop cracks or to deteriorate due to ashing when used
under high-temperature and high-load conditions.
REVERSED
)
JOHN D. SMITH )
Administrative Patent Judge )
7
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