Ex Parte RIEBE - Page 10




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


          of pressure application members or actuators, a requirement of              
          each of appellant's independent claims.  As can readily be                  
          discerned from Figs. 2 and 4 of Chamberlain the pistons 32                  
          contact pressure plate 31 not annular layer 36.  For the above              
          reasons, the examiner's first rejection, under                              
          35 U.S.C. § 102(b) cannot be sustained.                                     


                                The second rejection                                  


               We do not sustain the rejection of claims 3, 4, 12, and 13             
          under 35 U.S.C. § 103 as being unpatentable over Chamberlain in             
          view of Guichard.                                                           


               Respective claims 3 and 4 and claims 12 and 13 depend from             
          independent claims 1 and 10 and recite particular materials for             
          the first rigid disk.                                                       


               In this obviousness rejection, the examiner proposes to make           
          the flat, annular layer 36 of Chamberlain from a carbon composite           
          material, based upon the teaching of Guichard.3  However, even if           

               3 While, as utilized by the examiner, the Guichard patent is           
          not dispositive, this document nevertheless is quite relevant to            
                                                             (continued...)           
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