Ex parte SHIMIZU et al. - Page 2




                 Appeal No. 1999-1530                                                                                     Page 2                        
                 Application No. 08/728,607                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a brake hydraulic                                                                        
                 controller.  An understanding of the invention can be derived                                                                          
                 from a reading of exemplary claim 1, which appears in the                                                                              
                 appendix to the appellants' brief.                                                                                                     


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Ohta et al.                                  5,634,695                                             June  3,                            
                 1997                                                                                                                                   
                 (Ohta)                                                                  (filed March 22, 1995)                                         
                 Tsuzuki et al.                                        7-9970       3                               Jan. 13,                            
                 1995                                                                                                                                   
                 (Tsuzuki)                                             (Japan)                                                                          



                          Claims 1 to 3, 8 to 19 and 21 stand rejected under 35                                                                         
                 U.S.C. § 103 as being unpatentable over Ohta in view of                                                                                
                 Tsuzuki.4                                                                                                                              

                          3In determining the teachings of Tsuzuki, we will rely on                                                                     
                 the translation provided by the PTO.  A copy of the                                                                                    
                 translation is attached for the appellants' convenience.                                                                               
                          4The examiner's rejection recites that this rejection                                                                         
                 applies to claims 1-3 and 8-20.  However, it is clear from the                                                                         
                                                                                                            (continued...)                              







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