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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