Ex Parte Mower - Page 5



             Appeal 2006-3196                                                                                     
             Application 10/860,445                                                                               
             remains independent from other segments such that they do not collectively form a                    
             disc.                                                                                                
                    Hyde teaches a brake assembly having a brake stack formed of a plurality of                   
             interleaved stator and rotor friction disks formed of a structural core carrier and                  
             mechanically attached friction linings.   Hyde, col. 2, lines 8-11.  In one                          
             embodiment, Hyde teaches forming the carrier (45) for the friction rotor disc (44)                   
             using mechanically-joined segments.  Hyde, col. 4, lines 45-48 (citing to Ely,                       
             LeBlanc, and Bok).  Each of the references referred to in Hyde discloses forming                     
             annular discs using sector-shaped segments.  Ely, col. 2, lines 19-22; LeBlanc, col.                 
             2, lines 50-53; and Bok, col. 2, lines 25-28.  When these annular discs are                          
             interleaved with other such discs to form the brake stack, as taught in Ericson and                  
             Hyde, the brake includes interleaved disc segments as recited in claim 1.  As such,                  
             we sustain the examiner’s rejection of claims 1 and 5 under 35 USC § 103(a) as                       
             being unpatentable over Ericson in view of Hyde.                                                     
                    Pursuant to 37 CFR § 41.50(c), we suggest that the appellant consider                         
             amending claim 1 in a way to recite more clearly the invention described in the                      
             specification and to distinguish the prior art relied upon by the examiner.  For                     
             example, the appellant might consider amending the recitation of “a plurality of                     
             interleaved disc segments which are less than complete circles” to more clearly                      
             claim “an interleaved disc pack wherein some layers of the disc pack each consist                    
             of a single disc segment which is less than a complete circle.”  Such an amendment                   
             would overcome the rejection of the claims as unpatentable over Ericson and                          
             Hyde.                                                                                                

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