Ex Parte Crombez et al - Page 13




              Appeal No. 2003-0405                                                                   Page 13                  
              Application No. 09/635,183                                                                                      


                      In the examiner's view, the above-quoted limitations of claims 2 and 16 are                             
              readable on Cikanek.  Specifically, the examiner (answer, pp. 5, 7 and 8) refers to                             
              (1) Cikanek's Figure 6A; (2) Cikanek's column 11, lines 65-68; (3) Cikanek's Figures 5A                         
              & 5B; and (4) Cikanek's column 13, lines 10-27.                                                                 


                      We have reviewed the entire disclosure of Cikanek but fail to find therein any                          
              teaching of reducing, but not completely eliminating, the torque that is being applied to                       
              the drivetrain as regenerative braking torque when a wheel-condition-initiated triggering                       
              event occurs, and operating friction brakes of the vehicle to apply at least some of the                        
              reduction in regenerative braking torque as friction brake torque as recited in claims 2                        
              and 16.                                                                                                         




                      For the reasons set forth above, all the limitations of claims 2 and 16 are not                         
              disclosed in Cikanek.  Accordingly, the decision of the examiner to reject claims 2 and                         
              16 under 35 U.S.C. § 102(b) as being anticipated by Cikanek is reversed.                                        


                                                      CONCLUSION                                                              
                      To summarize, the decision of the examiner to reject claim 3 under 35 U.S.C.                            
              § 112, first paragraph, is reversed; the decision of the examiner to reject claims 2 and 3                      








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