Ex parte UNTERFORSTHUBER et al. - Page 4






             Appeal No. 2000-0201                                                                                    
             Application No. 08/691,330                                                                              



             a comparison of a value (Fpossible) indicating a maximum possible                                       

             braking force with a value                                                                              



             (Factual) indicating an actual braking force. Independent claim                                         

             4 recites, inter alia, a comparative display providing an                                               

             indication to a driver of the actual braking force and the                                              

             (maximum) possible 2 braking force.                                                                     


                    It is quite apparent to us that both the examiner and                                            

             appellants appreciate the recitation of a maximum possible                                              

             braking force, as disclosed and claimed, to denote a variable                                           

             force in the active state of a braking system.                                                          


                    With this in mind, we recognize, as did apparently both                                          

             the examiner and appellant, that the patent to Yoshino is                                               

             directed to an electronic brake pedal adjustment apparatus                                              

             wherein a display 4 (Fig. 2) portrays an actual brake fluid                                             




                    2 Claim 4, lines 4, 5 expressly specify a maximum possible braking                               
             force, while line 8 sets forth the possible braking force. Since the latter                             
             phrase recites the possible braking force, it is clear that the antecedent                              
             basis for this recitation is the earlier recitation of a maximum possible                               
             braking force. During any further prosecution before the examiner, it would                             
             appear to be appropriate that line 8 be amended so that the recitation therein                          
             is consistent with its antecedent basis.                                                                

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