Appeal No. 2004-1704
Application No. 10/225,994
the friction material. In this regard, the term “through” is
defined in Webster’s New World College Dictionary 1493 (1999),
copy attached, as follows: “in one side and out the other side
of; from end to end of.”
Because the examiner erred in construing an argued claim
limitation, we cannot affirm.
Other Issue
Prior to an allowance, the appellant and the examiner
should consider whether the appealed claims should be rejected
over the patented claims of U.S. Patent No. 6,494,297 B1 issued
to Kramer on Dec. 17, 2002.
Summary
In summary, we affirm the examiner’s rejections under: 35
U.S.C. § 102(e) of appealed claims 1, 2, 4, 12, and 13 as
anticipated by Takanashi; and 35 U.S.C. § 103(a) of claim 8 as
unpatentable over Takanashi in view of Reede. We reverse,
however, the rejection under 35 U.S.C. § 103(a) of claims 1, 2,
4, 5, 12, and 13 as unpatentable over Fargier in view of Reede.
The decision of the examiner is therefore affirmed in part.
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