Appeal No. 1999-1065
Application No. 08/754,379
wherein said wear pad is symmetrical about each of said pair
of orthogonal axes.
We agree with the appellants’ argument (brief, p. 4) that
the claimed friction wear pad comprising an elongated
substantially elliptical body portion having a pair of
orthogonal axes with semi-circular radiused end portions is
not found in Everett. In the answer (p. 3), the examiner
determined that the brake shoe member 10 in Figure 1 of
Everett was “generally shaped in the form of an ovoid or
ellipse as broadly recited in the instant claims.” We do not
agree. It is our view that Everett does not expressly or
inherently describe the friction wear pad as comprising an
elongated substantially elliptical body portion. The examiner
relies on Figure 1 of Everett. We note, however, that Everett
describes Figure 1 as a "perspective view" (col. 2, line 24).
As such, we cannot say with the necessary degree of certainty
that the body portion extending between the opposite curved
ends of shoe member 10 is elliptical. We must resort to
speculation in order to determine if Everett actually teaches
that the body portion is elliptical and we cannot support a
finding that Everett expressly or inherently describes each
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