Ex parte MARTIN - Page 8




                 Appeal No. 1999-1057                                                                                                                   
                 Application No. 08/848,719                                                                                                             




                          In summary, this panel of the board has procedurally                                                                          
                 reversed each of the examiner's rejections under 35 U.S.C.                                                                             
                  102(b) and 35 U.S.C.  103(a).  Additionally, we have                                                                                
                 entered a NEW GROUND OF REJECTION in accordance with 37 CFR                                                                            
                 1.196(b).                                                                                                                              













                          5(...continued)                                                                                                               
                 Buyze and Tait.  Together, these references reveal the                                                                                 
                 knowledge in the brake disk art of the alternatives of a more                                                                          
                 permanent connection (welding, brazing, adhesives) for                                                                                 
                 assembling separately fabricated components of a disk brake                                                                            
                 (Buyze) and of a less permanent connection (bolts and rivets)                                                                          
                 for assembling separately fabricated components of a brake                                                                             
                 disc (Tait).  Considering the overall knowledge in the art                                                                             
                 reflected by the Buyze and Tait references, the examiner                                                                               
                 should evaluate, for example, whether it would have been                                                                               
                 obvious to one having ordinary skill in the art to replace the                                                                         
                 individual brake plates 12 of Buyze with a pair of individual                                                                          
                 carbon-carbon annular friction facings 12, 13, as disclosed by                                                                         
                 Tait.                                                                                                                                  

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