Ex Parte Melekian - Page 2




               Appeal No. 2005-0993                                                                           Page 2                   
               Application No. 10/056,156                                                                                              



                                                          BACKGROUND                                                                   
                       The appellant's invention relates to a brake shoe assembly, and more particularly                               
               to a plurality of radial apertures which provide a moisture escape path (specification, p.                              
               1).  A copy of the claims under appeal is set forth in the appendix to the appellant's                                  
               brief.                                                                                                                  


                       The prior art references of record relied upon by the examiner in rejecting the                                 
               appealed claims are:                                                                                                    
               Strebinger                                      2,875,859                               Mar. 3, 1959                    
               Blatter et al. (Blatter)                        3,862,675                               Jan. 28, 1975                   
               Young                                           5,261,512                               Nov. 16, 1993                   


                       Claims 1 to 3 and 5 to 7 stand rejected under 35 U.S.C. § 102(b) as being                                       
               anticipated by Blatter.                                                                                                 


                       Claims 1, 5 and 9 to 13 stand rejected under 35 U.S.C. § 102(b) as being                                        
               anticipated by Strebinger.                                                                                              


                       Claims 4 and 8 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                  
               Strebinger in view of Young.                                                                                            








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