Ex parte MARTIN - Page 7




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


          skill in the art, from a combined consideration of the applied              
          teachings, to fabricate the two annular disks (rings) 8A, 8B of             
          JP ‘237 (Figs. 1 through 3) from a carbon group material                    
          following the suggestion therefor that would have been derived              
          from the teaching of Goodyear (page 2, lines 11 through 16).                
          This conclusion is buttressed by the express disclosure in the              
          JP ‘237 document itself of the alternative of “carbon fiber”                
          for the two annular disks (translation, page 6, lines 7 and                 
          8).  As so modified, we appreciate the resulting brake disk                 
          plate of JP ‘237 as being responsive to the structure of the                
          brake disk set forth in claim 9.                                            


               The argument advanced by appellant in the brief and the                
          statements of declarant Martin simply do not persuade us that               
          the examiner erred in rejecting claim 9 under 35 U.S.C. § 103.              


               Appellant argues (brief, page 6) that the examiner’s                   
          understanding of the JP ‘327 is not correct in the assertion                
          that the rings (disks) are connected only by way of pins                    
          (hollow rivets).  As appellant sees it, the disks of JP ‘327                
          are connected together by “both hollow rivets 11 and legs 2-                
                                          7                                           





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