Ex Parte Chen et al - Page 2

                 Appeal 2006-3159                                                                                        
                 Application 10/233,318                                                                                  
                        We AFFIRM.                                                                                       
                                                     INTRODUCTION                                                        
                        Appellants claim a friction material comprising, in relevant part, a                             
                 fibrous base material and second layer wherein the second layer has a lower                             
                 permeability in the radial direction and a lower permeability in the normal                             
                 direction than the first base layer (claim 1; Specification 19:2-10).                                   
                        Claim 1 is illustrative:                                                                         
                                1.  A friction material comprising a first layer comprising a                            
                        fibrous base material, and a second layer comprising at least one type                           
                        of friction modifying particle on a top surface of the fibrous base                              
                        material, the second layer having an average thickness of about 30-                              
                        200 μm, wherein the second layer has a permeability lower than the                               
                        first layer,                                                                                     
                                       wherein the friction modifying particles have an average                          
                        diameter size from about 0.1 to about 80 microns,                                                
                                       wherein the fibrous base material has an average voids                            
                        volume from about 50% to about 85%, and                                                          
                                       wherein the second layer has a lower permeability in the                          
                        radial direction and a lower permeability in the normal direction than                           
                        the first layer.                                                                                 
                        The Examiner relies on the following prior art references as evidence                            
                 of unpatentability:                                                                                     
                 Lam I       US 5,856,244       Jan. 5, 1999                                                             
                 Seitz       US 6,524,681 B1       Feb. 25, 2003                                                         
                 Lam II1      US 6,630,416 B1       Oct. 7, 2003                                                         


                                                                                                                        
                 1 Roman numerals have been added to differentiate between Lam US                                        
                 5,856,244 (i.e., Lam I) and Lam US 6,630,416 B1 (i.e., Lam II).                                         
                                                           2                                                             

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