Appeal No. 2001-2377 Page 3
Application No. 08/967,023
respective positions articulated by the appellants and the examiner. As a consequence of
our review, we make the determinations which follow.
The appellants’ invention relates to improvements in brake bands suitable for use in
the transmission of a vehicle or the like. Independent claim 1 reads as follows:
A brake band comprising a strap and a lining bonded on an inner peripheral
surface of said strap, and a groove formed in said lining, said groove having
a bottom surface at a predetermined height above said inner peripheral
surface of said strap.
It is the examiner’s position that the above construction would have been obvious in view of
the combined teachings of Nakagomi and Oyanagi. The appellants argue otherwise. We
find ourselves in agreement with the examiner’s conclusion, however, we disagree with the
examiner’s reasoning, as explained below.
Nakagomi is directed to a brake band for use in a vehicle transmission. As is the
case in the appellants’ invention, this reference is concerned with the problem of controlling
the presence of lubricating oil between the brake lining and the surface of the rotating
element against which the lining is pressed during operation (columns 1 and 2). Where it
is desired to minimize the presence of oil, the reference teaches that oil recesses in the
form of grooves be provided in the linings, and that the grooves have oil apertures
extending through the strap so that oil trapped in the groove when the lining is pressed
against the rotating element will drain out of the groove (see column 2, line 65 et seq. and
column 4, line 64 et seq.). The reference also teaches that where it is desired to maintain
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