Ex parte ONO et al. - Page 3




          Appeal No. 2000-1635                                                        
          Application 08/987,236                                                      


          examiner is correct in his argument that                                    
               Patzelt et al. shows the displacement control means 5                  
               applying a pressing force to the brake pedal 10 because                
               the deflecting lance 16, which is pressed against the                  
               lateral wall of the displacement control means 5 during a              
               frontal crash, is [an] integral (welded) part of the                   
               pedal 10 as described in column 3 lines 54-59 [answer,                 
               page 4],                                                               
          Patzelt does not meet the above-quoted limitation of claims                 
          1 and 12 because lance 16 is located at the rotation shaft 9                
          (see Fig. 3), rather than between the rotation shaft 9 and the              
          tread at the lower end of the pedal 10.  Since Patzelt does                 
          not meet this limitation of claims 1 and 12, those claims, and              
          consequently dependent claims 7 to 11 and 13 to 18, are not                 
          anticipated.                                                                
               The examiner’s decision to reject claims 1 and 7 to 18 is              
          reversed.                                                                   
                                      REVERSED                                        







                         IAN A. CALVERT                )                              
                         Administrative Patent Judge   )                              

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