Appeal No. 2002-1574 Page 6
Application No. 09/280,921
that this reaction also has an effect on all of the other wheel brakes, the system in
Jonner nevertheless “adjusts a particular brake pressure of the particular cylinder
[exhibiting the highest brake pressure]” (emphasis added) by driving the second valve
arrangement 118, which is all that the claim requires. The claim does not call for the
system to adjust only the particular brake pressure of the particular cylinder exhibiting
the highest brake pressure.
Further in this regard, claim 1 recites “a system determining a particular cylinder
of the wheel brake cylinders which exhibits a highest brake pressure” and, as pointed
out by the Examiner, Jonner explicitly discloses that “pressure at the wheel brake or
brakes with the higher pressure level is driven by the switching valve” (see Jonner
column 6, lines 55-56). Thus, it would have been apparent to one of ordinary skill in the
art that in order to drive the pressure to the wheel brake or brakes exhibiting a “highest
brake pressure,” the “system” disclosed in Jonner must, in some manner, determine
which particular cylinder of the wheel brake cylinders exhibits this pressure, even
though details of how this is accomplished may not be explicitly set forth. Thus, this
limitation of claim 1 is, in our view, implicitly present in Jonner.
Appellants also argue that “there is no disclosure in Jonner to have a system
wherein the system drives the first valve arrangement which is assigned to a respective
cylinder of the wheel brake cylinders, the first valve arrangement being driven to adjust
a further brake pressure of at least one remaining cylinder of the wheel brake cylinders”
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