Ex parte KREMSMAIR et al. - Page 5




          Appeal No. 1999-0721                                                        
          Application No. 08/683,826                                                  


          and helically wound into a stack, with certain parts of the                 
          strip overlapping one another in the stack to ultimately form               
          a thickened rim, comparatively thin web portions and a thick                
          hub for the gear or pulley when the stack is subjected to heat              
          and pressure in a mold (see, for example, Fig. 4 of Taylor and              
          Fig. 3 of Winter). According to the examiner, it would have                 
          been obvious to one of ordinary skill in the art                            
               to have provided in Bauer that the continuous strip                    
               making up lining 3 is formed by cutting the strip as                   
               a straight strip with slits 4 extending from one                       
               side, not in ringed form, where this strip is then                     
               bent at the connecting webs about axes extending                       
               perpendicu-larly to the plane until the sectors form                   
               a polygon producing an annular friction lining                         
               because Taylor, and in the alternative Winter, teach                   
               that it is well-known to form a ringed structure in                    
               this manner and it is obvious to replace one means                     
               for providing the ringed structure (i.e., that of                      
               Bauer) with an art recognized alternative means for                    
               providing a ringed structure (i.e., that of Taylor                     
               or Winter).                                                            

          Like appellants, we are of the view that the patents to                     
          Taylor and Winter regarding the formation of gears and pulleys              
          are non-analogous to the art area relating to forming of flat               
          friction rings as in Bauer and appellants’ claimed subject                  
          matter. Moreover, it is our opinion that the examiner has used              
          the claimed invention as a blueprint to piece together the                  
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