Ex Parte GROSSER et al - Page 8



                Appeal No. 2002-0236                                                                                                          
                Application No. 08/911,494                                                                                                    

                pedal (1) even if the servo action of the Master Vac (3)                                                                      
                disappears.                                                                                                                   

                Since we have determined that the teachings and suggestions                                                                   
                found in Katayama and Minagawa would have made the subject matter                                                             
                as a whole of independent claims 1 and 7 on appeal obvious to one                                                             
                of ordinary skill in the art at the time of appellants'                                                                       
                invention, we will sustain the examiner's rejection of those                                                                  
                claims under 35 U.S.C. § 103(a).1                                                                                             

                With regard to dependent claims 6 and 8, we note that on page                                                                 
                3 of the brief (Paper No. 19) appellants have grouped claim 6                                                                 
                with claim 1 (Group I) and claim 8 with claim 7 (Group II).                                                                   

                         1In our consideration of independent claim 7 on appeal, we                                                           
                note that the "detection of a safety condition" recited in this                                                               
                claim is not necessarily associated with a braking safety                                                                     
                condition as in claim 1, and that if a motor vehicle having a                                                                 
                fuel injection system like that described as prior art on page 1,                                                             
                lines 15-25, of appellants' specification also included a                                                                     
                conventional anti-lock braking system (ABS), then it appears that                                                             










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007