Ex Parte EL-KASSOUF - Page 2




             Appeal No. 2002-1569                                                               Page 2                
             Application No. 09/356,431                                                                               


                                                  BACKGROUND                                                          
                    The appellant's invention relates to a brake assembly.  An understanding of the                   
             invention can be derived from a reading of exemplary claim 1, which has been                             
             reproduced below.                                                                                        
                    The prior art references of record relied upon by the examiner in rejecting the                   
             appealed claims are:                                                                                     
             Heidenreich                        5,228,543                          Jul. 20, 1993                      
             Daniels                            5,762,584                          Jun.  9, 1998                      
                    Claims 1-19 stand rejected under 35 U.S.C. § 103 as being unpatentable over                       
             Heidenreich in view of Daniels.                                                                          
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
             the appellant regarding the above-noted rejection, we make reference to the Answer                       
             (Paper No. 12) for the examiner's complete reasoning in support of the rejection, and to                 
             the Brief (Paper No. 11) and Reply Brief (Paper No. 13) for the appellant's arguments                    
             thereagainst.                                                                                            
                                                      OPINION                                                         
                    In reaching our decision in this appeal, we have given careful consideration to                   
             the appellant's specification and claims, to the applied prior art references, and to the                
             respective positions articulated by the appellant and the examiner.  As a consequence                    
             of our review, we make the determinations which follow.                                                  








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