Ex parte MARTIN - Page 5




          Appeal No. 2001-0025                                                        
          Application No. 08/751,980                                                  


          Martin (Paper No. 20), which declaration was executed December              
          16, 1998, and the respective argued points of view of                       
          appellant and the examiner.  As a consequence of our review,                
          we make the determinations which follow.                                    


                        The rejection of claims 9 through 12                          
                              and claims 21 through 28                                


               We sustain the rejection of claim 9.  It follows that we               
          likewise sustain the rejection of claims 10 through 12 and 21               
          through 28 since, as earlier indicated, these claims stand or               
          fall with claim 9.                                                          


               Claim 9 reads as follows.                                              


                    A brake disk for a vehicle disk brake                             
                    comprising a material selected from the                           
                    carbon group and configured as an                                 
                    internally ventilated brake disk,                                 
                    including:                                                        
                    a pair of friction rings, and                                     

               3(...continued)                                                        

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