Appeal No. 2001-2377 Page 4
Application No. 08/967,023
a film of oil when the lining is pressed against the rotating element, “for promoting the
formation of an oil film . . . The oil recess is, for example, in the form of a groove or
aperture not extending to the outer peripheral surface of the brake lining” (column 3, lines
3-7, emphasis added). With reference to the several embodiments of the invention, it is
stated in column 4 that there are grooves 80 which are not provided with any oil
discharging aperture to serve as oil reservoirs (lines 47-49 and 57-59), and that there are
oil apertures 80' “not extending to a back side, i.e., an outer peripheral surface of the brake
lining” so that they serve as oil reservoirs (line 65 et seq.). Figures 1-5 of the drawings
reveal that some of the grooves (80) are provided with oil discharge apertures and some
of the grooves (80) are not.
Using the language of claim 1 as a guide, Nakagomi discloses a brake band
comprising a strap (3) and a lining (2) bonded on an inner peripheral surface of the strap,
and a groove (80, Figures 1-3). With regard to the groove 80, by virtue of the teaching of
the reference discussed immediately above, that is, a groove or aperture “not extending to
the outer peripheral surface of the brake lining,” it is our conclusion that Nakagomi
expressly teaches that an oil film can be maintained at desired locations between the
brake lining and the surface of the rotating element against which it is being pressed by
providing certain grooves 80 in the brake lining with, in the language of claim 1, “a bottom
surface at a predetermined height above said inner peripheral surface of said strap.”
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