Ex Parte Zehnder, II et al - Page 4




          Appeal No. 2004-1109                                                        
          Application No. 09/754,686                                                  

           OPINION                                                                    
               The examiner finds that Campau discloses a master cylinder             
          12, reservoir 20, gas-filled emulator 31, and a spring emulator             
          26b (Paper No. 7, page 2).  The examiner recognizes that Campau             
          fails to disclose the details of the master cylinder, that the              
          specific gas-filled emulator may be a gas-filled bellows                    
          emulator, and that the emulators may be integral with the master            
          cylinder (id. at pages 2-3).  Therefore the examiner applies the            
          Complete Car Care Manual for its teachings that a standard master           
          cylinder in a hydraulic brake system contains two pistons, each             
          with a seal, and corresponding first and second chambers and                
          bypass ports (id., paragraph bridging pages 2-3).3  The examiner            
          also applies Sasaki for the teaching of a bellows type                      
          accumulator, noting that Campau discloses that the accumulator,             
          which is structurally similar to an emulator, can be a bellows              
          type (id. at page 3).  Finally, the examiner applies Feigel for             
          the teaching of a “brake-by-wire” system with a spring type                 
          travel simulator integral with the master cylinder (id.).  From             
          these findings, the examiner concludes that it would have been              
          obvious to one of ordinary skill in this art at the time of                 

               3Campau discloses that the master cylinder is preferably a             
          tandem master cylinder having two service pistons (col. 3, ll. 6-           
          10, and col. 20, ll. 38-42).                                                
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