Appeal No. 2002-1590 Page 7
Application No. 09/511,516
between said first and second rod members upon experiencing a
predetermined deceleration.”
On page 6 of the brief, appellants provide a fair
explanation of the structure and operation of the brake pedal
assembly seen in Figure 1 of Hjerpe. Of significance is the fact
that the control mechanism (7) of Hjerpe is responsive to the
application of a force in excess of a predetermined force on the
plate (4) of pedal (1) to permit the rod members (6) and (10)
therein to move relative to one another and permit the pedal (1)
to move forwardly in the vehicle, thus minimizing the risk of
injury to the driver of the vehicle in the event of a frontal
collision or merely in the event of excess force above the
predetermined level of force being applied to pedal (1) or plate
(4) by the operator. Thus, it is clear that unlike appellants’
claimed releasable brake pedal system, the pedal system and
control mechanism of Hjerpe does not prevent relative movement
between the first and second rod members during normal vehicle
operation. Moreover, given the unknown variables involved in the
pedal system of Hjerpe, e.g., the mass of the piston (11), the
strength of the “very strong compression spring 12" (page 6, line
7), the viscosity of the hydraulic fluid in housing (10) and the
nature of the constriction (18), it is totally speculative on the
examiner’s part to conclude that the pedal system and control
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