Appeal No. 2005-0993 Page 9
Application No. 10/056,156
Strebinger discloses in Figures 5 to 7 a brake shoe having a rim 20a, a
transverse strengthening web 22a and a plurality of spaced apart lining strips or
segments 24a arranged transversely on rim 20a. A plurality of openings 30 are
provided in the rim 20a to promote circulation of air through the brake and across the
drum surface, to promote cooling of the brake.
The appellant argues that claims 1, 5 and 13 are not anticipated by Strebinger
since Strebinger fails to disclose a brake lining material defining a plurality of brake
lining drain openings therethrough. We agree. In our view, the gaps between
Strebinger's spaced apart lining strips or segments 24a are not openings through a
brake lining material. As such, claims 1, 5 and 13 are not anticipated by Strebinger.
For the reasons set forth above, the decision of the examiner to reject
independent claims 1, 5 and 13, and claims 9 to 12 dependent thereon, under 35 U.S.C.
§ 102(b) is reversed.
The obviousness rejection
We have reviewed the reference to Young applied in the rejection of dependent
claims 4 and 8 but find nothing therein which makes up for the deficiency of Strebinger
discussed above regarding parent claims 1 and 5. Accordingly, we cannot sustain the
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