Appeal No. 2006-0168 Παγε 4 Application No. 10/459,052 of the brake pad relative to the braking surface. The controller evaluates the effectiveness of the brake from a first position, and moves the brake to a second position if necessary to effect proper brake actuation. However, we agree with the appellants that Suzuki does not describe a control unit that instructs a drive unit to move an energy receptive material to a second position if it is sensed that the brake pad will not apply a braking force when the energy receptive material is expanded. Suzuki does not describe anything about evaluating whether the braking force to a brake surface will allow the brake pad to apply a braking force when an energy receptive material is expanded. In view of the foregoing, we will not sustain the rejection as it is directed to claim 1 and claims 2 and 4 dependent thereon. Claim 8 recites selectively driving a drive unit to move the position of a brake pad if it is sensed that the brake pad will not apply a brake force to the braking surface when the energy receptive material is expanded. As such, claim 8 requires determining if the brake force will apply a braking force to the brake surface when the energy receptive material is expanded. As Suzuki does not describe determining whether a brake pad will apply a braking force when the energy receptive material is expanded, we will not sustain this rejection as it is directed to claim 8. We will also not sustain the rejection as it is directed to claims 9, 13 and 15 as these claims are dependent on claim 8.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007