Ex parte VAN OSENBRUGGEN - Page 3




          Appeal No. 2001-0111                                                        
          Application 09/077,376                                                      


               Goralski, the examiner’s primary reference, discloses a                
          back-up pad 10 for an abrasive disk.  The pad 10 includes a                 
          layer 11 of resiliently compressible foam having front and                  
          rear surfaces 12 and 13, a flexible sheet 14 fixed to the                   
          front surface 12 for attachment to the abrasive disk, a                     
          generally rigid                                                             
          backing plate 16 fixed to the rear surface 13, and a circular               
          array of passageways 40 extending through the backing plate                 
          16, foam layer 11 and flexible sheet 14.  The passageways 40                
          define inlet openings 41 on the bottom of the pad                           
          corresponding to openings in the abrasive disk and outlet                   
          openings 42 on the top of the pad positioned to communicate                 
          with a vacuum system on a drive motor assembly.  The vacuum                 
          system functions via the openings in the abrasive disk and the              
          passageways in the back-up pad 10 to remove dust generated                  
          during an abrading operation.  As shown in Figure 4, the                    
          passageways 40 lie completely within the circumferential                    
          periphery of the back-up pad 10.                                            
               In comparing the subject matter recited in claim 1 to the              
          Goralski back-up pad, the examiner has determined that the “at              
          least three spaced and symmetrically disposed gaps in the                   

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