Ex Parte Mower - Page 2



             Appeal 2006-3196                                                                                     
             Application 10/860,445                                                                               
                                               BACKGROUND                                                         
                    The appellant's invention relates to an electromagnetic-actuated brake.                       
             Claim 1, reproduced below, is representative of the subject matter on appeal.  A                     
             copy of all of the claims on appeal can be found in the appendix to the appellant’s                  
             brief.                                                                                               
                    1. In an electromagnetic actuated brake, the improvement comprising:                          
                          a plurality of interleaved disc segments which are less than complete                   
                    circles;                                                                                      
                          some segments being rotatable about an axis of rotation; and                            
                          some disc segments having friction brake material carried thereon at a                  
                    position remote from said axis.                                                               

                    The examiner relies upon the following as evidence of unpatentability:                        
                     LeBlanc                  3,550,740           Dec. 29, 1970                                   
                     Ely                      3,731,769           May 08, 1973                                    
                     Bok                      4,747,473           May 31, 1988                                    
                     Ericson                  5,226,508           Jul. 13, 1993                                   
                     Hyde                     5,558,186           Sep. 24, 1996                                   
                    The following rejection is before us for review:                                              
                1. Claims 1, 3, and 5 stand rejected under 35 U.S.C. § 103(a) as being                            
                    unpatentable over Ericson in view of Hyde.                                                    
                    Rather than reiterate in detail the conflicting viewpoints advanced by the                    
             examiner and the appellant regarding this appeal, we make reference to the                           
             examiner's answer (mailed May 31, 2006) for the examiner's complete reasoning in                     

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