Ex parte JOHNSTON et al. - Page 5




          Appeal No. 96-3156                                                          
          Application 08/304,333                                                      


          brake.  The teaching of Arikawa upon which the examiner relies is           
          found at column 9, lines 62-66 and reads as follows: “In the                
          above embodiment, the one three-port three position valve [36,              
          etc.] is provided for the one wheel brake apparatus.                        
          Alternatively, two two-port two-position valves or an inlet valve           
          and an outlet valve may be used for the one wheel brake.”                   
                                    THE REJECTION                                     
               Claims 4-12 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Steiner in view of Arikawa.                               
               In rejecting the appealed claims under 35 U.S.C. § 103, the            
          examiner has taken the position that the valves (39) and (42) of            
          Steiner function in basically the same way as appellants’                   
          integral control and isolation valve (e.g., valve 58).  From this           
          starting point, the examiner proceeds as follows:                           
               Steiner et al fail to teach the use of a single                        
               “integral control and isolation valve” in place of                     
               valves 39 and 47.  Arikawa teaches the well known                      
               substitution of a single valve for two separate                        
               valve[s] in an antilock/traction control brake system                  
               (col. 9, lines 62-66).  One of ordinary skill in the                   
               art at the time of the invention would have found it                   
               obvious to provide the brake system of Steiner et al                   
               with a single “integral control and isolation valve” in                
               place of the valves 39 and 47, in view of the teaching                 
               of Arikawa, as such would provide the same fluid                       
               connections while reducing manufacture cost and                        
               assembly time by reducing the number of components.                    
               [answer (Paper No. 14)), page 5]                                       


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