Appeal No. 1997-3709
Application 08/582,034
Background
Appellants’ invention pertains to a vented rotor for a
vehicle disk brake wherein the rotor includes an improved vent
design. Independent claim 3, a copy of which can be found in
an appendix to appellants’ brief, is illustrative of the
appealed subject matter.
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:1
Herbulot et al. (Herbulot) 4,469,203 Sept. 4, 1984
Wirth 4,638,891 Jan. 27, 1987
A reference made of record by the examiner during
prosecution and relied upon by this merits panel of the Board
in support of new rejections under 35 U.S.C. § 102(b) and 35
U.S.C. § 103 is:
Solitis 2,057,609 Apr. 1, 1981
(British Patent Document)
Claims 3-10 stand finally rejected under 35 U.S.C. § 103
as being unpatentable over Wirth in view of Herbulot.
1On page 7 of the answer, the examiner also referred to
British reference 1,325,646 and US Patent 4,083,435, but these
references have been given no consideration since they were
not positively included in the rejection. Ex parte Raske, 28
USPQ2d 1304, 1305 (Bd. Pat. App. & Int. 1993).
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