Ex parte GOWAN et al. - Page 5




                 Appeal No. 2000-1481                                                                                     Page 5                        
                 Application No. 08/950,130                                                                                                             


                 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d                                                                         
                 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).                                                                                             


                          The examiner determined (answer, pp. 2-3) that Cook shows                                                                     
                          a PBM control algorithm (see table 3a)[.] The term                                                                            
                          integral-based is meaningless. The PBM control algorithm                                                                      
                          of Cook et al. is integral based to the same degree                                                                           
                          claimed. Cook et al. further show a control current of 1                                                                      
                          milliamp (see column 8, lines 42-55) and a high stepping                                                                      
                          current of 10 milliamps which is utilized if the PBM is                                                                       
                          greater than the LOW PBM. Since LOW PBM is a value which                                                                      
                          is set to a value which is based on a vehicle speed (see                                                                      
                          column 8, lines 48-68) then the LOW PBM has different                                                                         
                          values at low and high speeds. The claimed invention                                                                          
                          differs only in the use of a multi-gain valve. It would                                                                       
                          have been obvious to one of ordinary skill in the art to                                                                      
                          have utilized a multi-gain valve in the system of Cook et                                                                     
                          al. instead of a single gain valve so as to more                                                                              
                          precisely control the brake pressure or as a substitute                                                                       
                          of known valve types.                                                                                                         


                          The appellants argue (brief, pp. 12-14) that Cook  does                                 1                                     
                 not teach the dual-PBM threshold concept that underlies the                                                                            
                 present invention wherein the first threshold triggers a                                                                               
                 highstep firing at high wheelspeeds and the second threshold                                                                           
                 triggers a highstep firing at low wheelspeeds.  In the reply                                                                           


                          1The teachings of Cook are adequately set forth on pages                                                                      
                 8-11 of the brief.                                                                                                                     







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