Ex Parte Thomas et al - Page 3




              Appeal No. 2004-0579                                                                  Page 3                
              Application No. 09/647,126                                                                                  


              respective positions articulated by the appellants and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                     
                     Independent claims 19 and 26 read as follows:                                                        
                            19.  A seal device for use in an adjustable tappet assembly                                   
                            for a disc brake for sealing between an internally threaded                                   
                            outer sleeve and an externally threaded internal shaft of the                                 
                            assembly, said device comprising a support element                                            
                            adapted to be carried by said sleeve, said support element                                    
                            carrying a seal for sealing between said sleeve and said                                      
                            shaft having a lip portion arranged to engage an unthreaded                                   
                            surface portion of said shaft in sealing relationship for                                     
                            providing sealing during axial movement of said shaft relative                                
                            to said sleeve.                                                                               
                            26.  An adjustable tappet assembly for a disc brake                                           
                            comprising an internally threaded outer sleeve, an externally                                 
                            threaded internal shaft, and a seal device, said seal device                                  
                            having a support element carried by said sleeve, said                                         
                            support element carrying a seal for sealing between said                                      
                            sleeve and said shaft having a lip portion arranged to                                        
                            engage an unthreaded surface portion of said shaft in                                         
                            sealing relationship for providing sealing during axial                                       
                            movement of said shaft relative to said sleeve.                                               
                     Baumgartner, the primary reference relied upon by the examiner, comprises an                         
              adjustable disc brake thrust assembly comprising an externally threaded spindle 70 and                      
              an internally threaded traverse member 7.   The spindle 70 is rotated by an adjusting                       
              device (not shown) as discussed in column 5, line 48 et seq. and column 6, line 42 et                       
              seq. when excessive ventilating play exists during brake application, for example, after a                  
              change of the lining or with an increasing wear of the brake shoes, to thereby reduce                       
              the distance to the brake disc to compensate, for example, for the wear of the brake                        







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