Ex Parte LUTZ et al - Page 5




              Appeal No. 2002-1574                                                                Page 5                
              Application No. 09/280,921                                                                                


              point, we agree with the Examiner that “[r]egardless of whether or not the wheel slip                     
              control is always actuated . . . when wheel slip control in Jonner does occur . . . the                   
              limitations of the claim are met” (Answer, page 7; emphasis added), as can be                             
              discerned from the explanation beginning at line 53 of column 4.  The broad language                      
              of the claim merely requires that “the system adjusts a particular brake pressure of the                  
              particular cylinder [exhibiting a highest brake pressure] in response to a driver-                        
              independent brake actuation, the particular brake pressure being adjusted by driving                      
              the second valve arrangement.”  The Examiner correctly points out that when wheel slip                    
              does exceed a predetermined limit value or falls outside an acceptable range, the slip                    
              control cycle (i.e., the driver-independent brake actuation) is initiated and the particular              
              brake pressure of the particular cylinder exhibiting the highest brake pressure is                        
              adjusted by driving the second valve arrangement 118 (Answer, page 7).                                    
                     Appellants further take note of Jonner’s explanation in the Abstract that “the                     
              pressure level in the wheel brake with the highest pressure level is modulated by driving                 
              a switching valve USV [118] which affects the pressure in all the wheel brakes of the                     
              brake circuit” (Reply Brief, page 2), arguing that the rejection fails because the Jonner                 
              system differs on this point from what is claimed in the instant application.  We do not                  
              agree.  The fact that the system disclosed in Jonner, when effecting a “modulation” of                    
              the pressure in the wheel brake with the highest pressure level, affects the pressure in                  
              all the wheel brakes, does not cause the rejection to be defective for, despite the fact                  








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