Ex Parte RIEBE - Page 15




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


          would readily comprehend the Du Bois patent as teaching a single            
          piston 84 and sealing ring 88 in annular chamber 80 (Figs. 2 and            
          3) contacting pressure plate 124, and not as a disclosure of a              
          plurality of pressure application members as required by                    
          appellant's independent claims 1 and 25.  For these reasons, the            
          seventh rejection cannot be sustained.                                      


                                The eighth rejection                                  


               We do not sustain the rejection of claims 2 through 6, 8               
          through 17, 21, and 22 under 35 U.S.C. § 103 as being                       
          unpatentable over Du Bois.                                                  


               This rejection concerns claims dependent from independent              
          claim 1, as well as independent claim 10 and dependent claims               
          thereof.  We determined, supra, that claim 1 was not anticipated            
          by Du Bois.                                                                 


               In this obviousness rejection, only the Du Bois patent is              
          applied.  By itself, and with an absence of any indication of a             
          material for the pressure plate 124, it does not appear to us               
          that the Du Bois teaching of an airplane wheel disk brake would             

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