Ex Parte Herschel et al - Page 8

               Appeal 2006-2825                                                                             
               Application 10/691,916                                                                       
               hydraulic fluid within a hydraulic braking system and is thus a “hydraulic                   
               braking conduit” as recited in claim 1.                                                      
                      While Kessler evidences that electrically-actuated hydraulic brakes                   
               were known in the art at the time of Appellants’ invention, neither Toomey                   
               nor Kessler teaches or suggests an emergency stop device which responds to                   
               the omission of the electric current, the emergency stop device supplying a                  
               braking signal to the electric magnet for the actuation of the second                        
               hydraulic braking cylinder in case of omission of the current, as called for in              
               claim 1 (FF5 and FF10).  The redundant double windings 52, 53 provided on                    
               Kessler’s solenoid 22 merely provide two independent winding paths for                       
               passage of current to permit the solenoid to operate to provide braking                      
               power in the event that current is lost to either of the windings.  The                      
               redundant winding does not change its operation or react in response to                      
               omission of current to the other winding but, rather, merely continues to                    
               provide a path for passage of current.  The Examiner therefore erred in                      
               determining that the combination of Toomey and Kessler would have                            
               suggested “an emergency stop device being provided which responds to the                     
               omission of the electric current, the emergency stop device supplying a                      
               braking signal to the electric magnet for the actuation of the second                        
               hydraulic braking cylinder in case of omission of the current” as called for in              
               claim 1.  The rejection of claim 1, as well as claims 2-10 depending from                    
               claim 1, cannot be sustained.                                                                







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