Ex parte HARADA et al. - Page 2




                   Appeal No. 2001-2377                                                                                               Page 2                        
                   Application No. 08/967,023                                                                                                                       


                                                                      BACKGROUND                                                                                    
                            The appellants’ invention relates to a brake band.  An understanding of the invention                                                   
                   can be derived from a reading of exemplary claim 1, which has been reproduced on page                                                            
                   3 of this opinion.                                                                                                                               
                            The prior art references of record relied upon by the examiner in rejecting the                                                         
                   appealed claims are:                                                                                                                             
                   Oyanagi                                                   5,076,882                             Dec. 31, 1991                                    
                   Nakagomi et al. (Nakagomi)                                5,467,849                             Nov. 21, 1995                                    
                            Claims 1-3 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                                              
                   Nakagomi in view of Oyanagi.1                                                                                                                    
                            Rather than reiterate the conflicting viewpoints advanced by the examiner and the                                                       
                   appellants regarding the above-noted rejection, we make reference to the Answer (Paper                                                           
                   No. 16) and the final rejection (Paper No. 7) for the examiner's complete reasoning in                                                           
                   support of the rejection, and to the Brief (Paper No. 15) for the appellants’ arguments                                                          
                   thereagainst.                                                                                                                                    
                                                                           OPINION                                                                                  
                            In reaching our decision in this appeal, we have given careful consideration to the                                                     
                   appellants’ specification and claims, to the applied prior art references, and to the                                                            


                            1An amendment after the final rejection resulted in the examiner withdrawing a                                                          
                   rejection under 35 U.S.C. § 112, second paragraph.                                                                                               







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