Ex parte SCHRODER et al. - Page 12




          Appeal No. 2000-0913                                                        
          Application No. 09/067,123                                                  


          position.”                                                                  







               The Eggert reference relied upon by the examiner to teach              
          the claimed parking brake release arrangement is deficient in               
          that the parking brake is not released as a function of the                 
          position of the seat belt.  Rather, Eggert teaches that when                
          each occupied seat has its seat belt fastened, the detent 18’’              
          is retracted by a solenoid from a position blocking movement                
          of the parking brake release latch 26, thereby allowing for                 
          manual release of the parking brake (column 3, lines 11-15).                
          Accordingly, Eggert’s safety system merely allows for manual                
          release of the parking brake by the operator as a function of               
          seat belt position, which is not what is being claimed.  It                 
          follows that the § 103 rejection of claim 9 cannot be                       
          sustained.  Likewise, the § 103 rejection of claim 20 cannot                
          be sustained, it being noted that the Busch reference                       
          additionally relied upon in this rejection does not make up                 


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