Ex Parte Kramer et al - Page 4




              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.                                                   



















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