Appeal No. 2005-0993 Page 7
Application No. 10/056,156
ride on the fluid film which forms an almost frictionless fluid bearing as long as fluid is
being interjected into the interface.
Figures 3 and 4 of Blatter illustrate two possible configurations of the fluid
passage 44 through the brake pad 40. In Figure 3, the passage 44 is illustrated as
a narrow slit 52. Alternatively, as illustrated in Figure 4, the passage 44 may
be a series of small holes 54. The holes 54 may be disposed along a straight
line or staggered to increase the mechanical strength of the pad 40 in the
immediate area surrounding the fluid passage.
The appellant argues that claim 1 is not anticipated by Blatter since Blatter fails
to disclose an unobstructed moisture escape path. We do not agree. In our view,
Blatter's fluid passage 44 as shown in Figure 2 includes one brake pad opening aligned
with one brake shoe opening providing an unobstructed moisture escape path. The
path provided by the aligned openings in Blatter's brake pad 40 and brake shoe 34 is
unobstructed with the path open to atmosphere at one end and at the other end being
connected by a conduit to the solenoid valve 42.1 It is our opinion that moisture is
1We note that dependent claim 10 adds to parent claim 1 the further limitation
"wherein said unobstructed moisture escape path is open to atmosphere on both ends."
Under the doctrine of claim differentiation (i.e., each claim in an application is
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