Appeal No. 1998-1263
Application No. 08/351,993
it would have been obvious to fabricate the annular layer 36 of
Chamberlain from a carbon composite material, we perceive, as
explained above, that the Chamberlain reference does not respond
to, and further would not have been suggestive of, all of the
limitations of the independent claims. Thus, the second
rejection cannot be sustained.
The third rejection
We do not sustain the rejection of claims 5, 6, 14, and 15
under 35 U.S.C. § 103 as being unpatentable over Chamberlain in
view of Halverson.
Claims 5 and 6 and claims 14 and 15, respectively, are
dependent from claims 1 and 10, and set forth a particular
material for the first rigid disk.
Akin to the second rejection, the examiner proposes to alter
the material for the flat, annular layer 36 of Chamberlain in
3(...continued)
the claimed invention (annular plate 42 in Fig. 2 of Guichard is
made of carbon composite material and contacted by a plurality of
pistons 19). Appellant's commentary in the penultimate paragraph
of page 8 of the main brief is noteworthy.
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