Appeal No. 1998-0510
Application 08/742,519
establish a prima facie case of obviousness. The rejection of
claims 1 and 3-8 is reversed.
NEW GROUND OF REJECTION UNDER 37 CFR § 1.196(b)
Although we are reluctant to enter a new ground of
rejection at this late stage in the prosecution, we believe a
question of patentability exists which needs to be explored.
Claims 1 and 3-8 are rejected under 35 U.S.C. § 103(a) as
being unpatentable over DeCarlo in view of Chilton's Import
Car Manual 1991-1995 (Chilton Book Co. 1994), pp. 2-58, 6-74,
14-89, 18-51, and Remling, Brakes (2d ed., John Wiley & Sons
1983), pp. 184-86.
DeCarlo discloses the claimed subject matter of claims 1
and 7 except for a light transmissive container attached to a
pressure relief valve. DeCarlo discloses that the escaping
encapsulant may be allowed to drip onto the top of the closure
upper surface (col. 4, lines 35-39).
Chilton's discloses that in bleeding fluid from a brake
system to remove air and old brake fluid, a transparent hose
is attached to the bleeder valve and the other end is
submerged in a container with clean brake fluid. The
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