Ex Parte Noda et al - Page 8

                Appeal 2007-0756                                                                                
                Application 10/652,853                                                                          
                valves in parallel with, and thus “incorporating,” one-way valves and relief                    
                valves (not labelled in Fig. 7 but analogous to check valves AV1 and AV2                        
                and relief valves RV1 and RV2 of Fig. 4 – Nohira, col. 5, l. 21).  Further, as                  
                illustrated in Fig. 9, the regulators SC1 and SC2 and suction valves SI1 and                    
                SI2 are both on the left of the housing HL, while the control valve units PC1                   
                through PC8 are on the right side of housing HL.  We thus conclude that the                     
                features asserted by Appellants to be lacking in Nohira are in fact disclosed                   
                by Nohira.  Appellants have not demonstrated error in the Examiner’s                            
                rejection of claim 5 as anticipated by Nohira.  The rejection is sustained.                     
                       We turn our attention next to the rejection of claims 9 and 12, which                    
                recite that placement of the suction valves improves suction efficiency of the                  
                pumps when the pumps are operated with the suction valves to perform                            
                skidding control and traction control.  Appellants (Specification 18:6-14)                      
                explain this feature as follows:                                                                
                             The suction valves 12A, 12B are disposed on the                                    
                             base 22 in positions closer to the suction port 42 of                              
                             each of the pumps 10A, 10B than the control valve                                  
                             unit VA through VD and the regulators 21A, 21B.                                    
                             It is possible to arrange the suction valves 12A,                                  
                             12B in close proximity the suction port 42 of each                                 
                             of the pumps 10A, 10B.  Thus it is possible to                                     
                             improve  the  negative  pressure  transport  factor                                
                             from the suction port 42 of each of the pumps 10A,                                 
                             10B  to  the  suction  valves  12A,  12B,  thereby                                 
                             improving  the  suction  efficiency  of  the  pumps                                
                             10A, 10B, when the pumps 10A, 10B are operated                                     
                             with the suction valves 12A, 12B are opened in                                     
                             order  to  perform  skidding  control  and  traction                               
                             control of a vehicle.                                                              
                It is apparent from this explanation that Appellants attribute improved                         
                suction efficiency of the pumps when operated with the suction valves to the                    

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