Ex Parte Lamport - Page 5

                Appeal 2006-2137                                                                                 
                Application 10/375,748                                                                           
                       form a slurry of about 12% by weight solids (10-50% by weight                             
                       solids); dispensing the slurry into an annular mold (placing a                            
                       slurry composition in a die cavity); applying pressure to the                             
                       slurry in the mold to dewater the slurry, via a top and bottom                            
                       filter medium which forms pad [sic. part] of the mold, to about                           
                       30-40% by weight water content thereby forming a preform                                  
                       (extracting the water from the slurry by pressing on the slurry in                        
                       the die cavity with a die punch); drying the preform in 150                               
                       degrees F to 1% by weight water level (followed by drying,                                
                       resulting in the formation of a friction material preform); and                           
                       pressing the dried preform between two hot mold plates in a hot                           
                       press with sufficient pressure and for a sufficient length of time                        
                       to form a final friction product having a desired density and the                         
                       other desired properties … (column 1 , lines 10-26; column 2,                             
                       lines 16-20; column 4, lines 7-32; Example 2 in column 5).                                
                As acknowledged by the Examiner (Answer 3-7) and argued by the                                   
                Appellant (Br. 3-7), Parker does not mention the claimed diameter of friction                    
                and wear modifiers and fillers, the claimed proportions of solid materials,                      
                and the claimed die punch design.  However, we concur with the Examiner                          
                that these features are necessarily present in Parker and/or suggested by the                    
                prior art references as a whole.                                                                 
                       As to claimed diameter of friction and wear modifiers and filler, the                     
                Appellant does not challenge the Examiner’s finding at page 4 of the                             
                Answer that Parker teaches conventional “friction and wear modifiers and                         
                fillers, such as graphite (carbonaceous particles) and vermiculite (inorganic                    
                flake materials)” which are useful for forming friction products.   See also                     
                Parker, column 3, lines 23-30 and column 2, lines 3-9.  These conventional                       
                friction and wear modifiers and fillers, as correctly found by the Examiner at                   
                page 5 of the Answer, necessarily have “a particle size of 50 mesh or smaller                    
                (1/2-10 mm in the largest dimension)” as explained by Tabe.  See also Tabe,                      


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