Ex Parte RIEBE - Page 8




          Appeal No. 1998-1263                                                        
          Application No. 08/351,993                                                  


          maintaining a clamp load across the brake stack during a high               
          energy stop that is more uniform than the clamp load across the             
          brake stack that results when only using a pressure plate of                
          steel.  We are informed by the present specification (page 9)               
          that "rigid" is "defined as having greater resistance to bending,           
          flexing, deformation and flow than AMS 6302 steel."  Second, we             
          consider the claim recitation of a first rigid disk as the front            
          axial end of a brake stack, which first rigid disk is contacted             
          by pressure application members or actuators.  It is quite clear            
          to us from the underlying disclosure that the claimed first rigid           
          disk is a first or front disk contacting the pressure application           
          members or actuators.                                                       


               Anticipation under 35 U.S.C. § 102(b) is established only              
          when a single prior art reference discloses, either expressly or            
          under principles of inherency, each and every element of a                  
          claimed invention.  See In re Schreiber, 128 F.3d 1473, 1477,               
          44 USPQ2d 1429, 1431 (Fed. Cir. 1997); In re Paulsen, 30 F.3d               
          1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994); In re                 
          Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990);            
          and RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440,            
          1444, 221 USPQ 385, 388 (Fed. Cir. 1984).  However, the law of              

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007