Ex Parte Anderson - Page 2





                                                          BACKGROUND                                                            
                      The appellant's invention relates to a  brake pad provided with a capacitive sensor for                   
               determining brake pad thickness or degree of wear and to a method of determining brake pad thickness             
               using such capacitive sensor.  A copy of the claims under appeal is set forth in the appendix to the             
               appellant's brie   Claif. ms 1 and 11 are illustrative of the claimed invention and read as follows:                     
                              1. A brake pad for a vehicle, the brake pad comprising:                                           
                                     a base member;                                                                             
                                     a pad portion disposed on the base member, the pad portion bein  g                         
                              constructed from a substantially non-conductive dielectric m aterial; and                         
                                     a first pair of capacitive plates disposed in and in contact with the                      
                              pad portion and arranged such that wear of the pad portion changes the                            
                              capacitance between the first pair of capacitive plates.                                          
                              11. A method of determining brake pad thickness in a vehicle, the method                          
                              c ing:ompris                                                                                           
                                     measuring a capacitance between a pair of capacitive plates;                               
                                     wherein the pair of capacitive plates are disposed in and incontact                         
                              with a portion of the brake pad subject to wear, and                                               
                                     wherein at least one of the pair of capacitive plates becomes                              
                              smaller as the brake pad wears, and in a manner that changes the                                  
                              capacitance between the pair of plates.                                                           

                      The examiner relies upon the following as evidence of unpatentability:                                    
               Hanisko    US 6,366,201 B1                                         Apr. 2, 2002                                  
               Paielli     US 6,384,721 B1  May 7, 2002                                                                         

                      Th e following rejection is before us for review.                                                         
                      Claims 1-13 stand rejected under 35 U.S.C. § 103 as being unpatentable over Paielli in view  of           
               Hanisko.                                                                                                         
                      Rather than reiterate the conflicting viewpoints advanced by the examiner and the appellant               
               regarding this appeal, we make reference to the examiner's answer (mailed August 2  4, 2005) for the             
               examiner's complete reasoning in support of the rejection and to the appellant's brief (filed June 8, 2005)      
               and reply brief (filed October 26, 2005) for the appellant's arguments thereagainst.                             
                                                                  OPINION                                                       








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