Ex Parte Noda et al - Page 10

                Appeal 2007-0756                                                                                
                Application 10/652,853                                                                          
                Examiner determines that Nohira meets all of the recited limitations with the                   
                exception of the pressure sensor being positioned below the third row and                       
                above the reservoir (Answer 6).  Appellants take issue with the Examiner’s                      
                determinations, alleging that Nohira is silent with respect to these features                   
                (Appeal Br. 21-25).  Accordingly, the first issue before us in deciding the                     
                appeal of the rejection of claims 3, 6, and 11 is whether the Examiner erred                    
                in determining which claimed features are met by Nohira.                                        
                       Turning first to claim 3, Nohira’s Fig. 7 illustrates normally open                      
                solenoid valves TC1 and TC2, which correspond to regulator solenoid                             
                valves SC1 and SC2 in Fig. 9, each connected in parallel with a one-way                         
                valve and a relief valve (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) between an output hydraulic passage from the master cylinder MC and a                       
                hydraulic passage in a flow path with one of the reservoirs RS1 and RS2 via                     
                at least one check valve.  We thus conclude the Examiner correctly                              
                determined Nohira meets all the limitations of claim 3 except that Nohira’s                     
                one-way valve and relief valve are both disposed on the same side of the                        
                normally open regulator solenoid valve SC1 or SC2, rather than on opposing                      
                sides of the normally open solenoid valve as called for in claim 3.                             
                       As to claims 6 and 11, Nohira illustrates in Fig. 9 a pressure sensor                    
                PS, but the pressure sensor PS is disposed above the regulators SC1 and                         
                SC2, not below them as called for in claim 6 or below the third row (the row                    
                with the suction valves SI1 and SI2 and regulator valves SC1 and SC2) as                        
                called for in claim 11.  While Nohira does not provide a perspective view for                   
                the system of Fig. 9, such systems are structured with the valves and                           
                pressure sensor protruding from the inner face of the housing, as illustrated                   

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