Ex Parte BARNHARDT - Page 5




          Appeal No. 2002-1572                                                        
          Application No. 09/286,088                                                  

               The examiner, finding that Fukuoka’s molding step is                   
          terminated when a pre-determined molding pressure is applied to             
          the matrix M, concludes that                                                


               [i]t would have been obvious to one of ordinary skill                  
               in the art at the time the invention was made and one                  
               of ordinary skill would have been motivated to use the                 
               spring arrangement taught in Fukuoka in place of the                   
               stop mechanism for counteracting the pressure applied                  
               by the cylinder and piston units in [the] process of                   
               Haas et al. to allow the frame member to be free                       
               floating to thereby assure more even compression of the                
               brake lining material [answer, page 4].                                
               The examiner’s position here is unconvincing for at least              
          two reasons.  To begin with, there is nothing in the combined               
          teachings of Haas and Fukuoka which would have suggested the                
          apparently proposed elimination of Haas’ stop members 9 and                 
          replacement of Haas’ cylinder and piston units 7 with springs of            
          the sort 26 disclosed by Fukuoka for the uniform compression                
          rationale advanced by the examiner or for any other ostensible              
          reason.  Furthermore, there is nothing in the combined teachings            
          of these references, and particularly in Fukuoka, which would               
          have suggested terminating Haas’ forming step when a pre-                   
          determined molding pressure is applied as recited in claim 7.               
          The examiner’s finding that Fukuoka discloses this feature rests            



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