Ex Parte McAfee et al - Page 6




              Appeal No. 2005-2698                                                                 Παγε 6                                       
              Application No. 10/316,636                                                                                                        


              minimum piston wear stroke, which use rotors and stators of different thicknesses and                                             
              replace the thinner of the rotors and stators when they become fully worn, re-machining                                           
              the faces of the other of the rotors and stators which are not yet fully worn for use with                                        
              the new disks.  According to Souetre, the Bok technique has the advantage of good                                                 
              equilibrium in the heat sink but suffers from the drawback of requiring re-machining of                                           
              all the contact faces of the not yet fully worn disks after a first wear stroke of the pistons,                                   
              in order to avoid contact between a new face and a worn face on an adjacent disk,                                                 
              since this gives rise to expensive loss of carbon (column 1, lines 49-55).                                                        
                     In order to overcome the disadvantage of the Bok technique wherein stators and                                             
              rotors of different thicknesses are used, Souetre teaches using stators and rotors of                                             
              equal thickness which will wear at the same time.  When the maximum wear stroke of                                                
              the pistons has been reached, which occurs before the stators and rotors have fully                                               
              worn, Souetre discloses inserting a carbon spacer disk of thickness that is less than the                                         
              wear stroke of the pistons.                                                                                                       
                     In rejecting independent claims 1, 20 and 31, and claims 2-10, 21-30 and 32                                                
              depending therefrom, as being unpatentable over Bok in view of Souetre, the examiner                                              
              contends that it would have been obvious to use a spacer as taught by Souetre in the                                              
              Bok brake in order to reduce the brake piston travel while optimizing the brake disc                                              
              utilization, thereby improving brake performance and durability (final rejection, page 2).                                        



















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