Appeal No. 98-0336
Application 08/761,014
movement of the flow regulating valve towards opened or closed
"throttle" positions is controlled by signals S1 (inputted by a
computer which "judges" the damping force to be generated; see
column 2, lines 16-28 and 45-50) and S8 (which is the difference
between pressure valves S6 and S7). It is true that when the
"signs" of S1 and S8 are different that the flow regulating
valve is moved to the fully opened position (see, e.g., column
2, lines 53-57) and, in this valve setting, that the truss
element would not appear to substantially resist either
extension or compression. We are at a loss, however, to
understand how such an arrangement can possibly be construed as
"sensing 'a predetermined amount of energy'" as the examiner
asserts. Hydraulic oil is an incompressible fluid and the
sensors 23L and 23R merely measure or determine the pressure of
that fluid (as distinguished from "energy").
The answer also states that:
It is maintained due to the breadth of
the instant claims that the device of Kobori
et al does "store a predetermined amount of
energy" since the spring located in the
hydraulic regulating valve 12 does "absorb a
pre-determined amount of energy" created by
the force of the fluid pressure present in
line 15 pushing upon the piston 12c. Once
this pressure of the fluid has reached a
certain level, i.e.[,] the level of force
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