Ex Parte Ewing et al - Page 7




              Appeal No. 2002-1620                                                               Page 7                
              Application No. 09/504,416                                                                               


              signals for the normally closed outlet valves 51, 52, 57, 58 which open the connections                  
              69, 71 leading to the low-pressure accumulators 67, 68 so that the pressure fluid                        
              volume discharged from the master brake cylinder 2 propagates into the low-pressure                      
              accumulators 67, 68.  The operating condition of the brake system is shown in Figure 5.                  


                     The appellants argue (brief, pp. 5-6; reply brief, pp. 1-2) that the anticipation                 
              rejection of claim 1 is in error since Bauer does not disclose a releasable pedal system                 
              for an automotive vehicle which includes a pressure release valve operable to release                    
              pressurized fluid to a fluid supply reservoir so as to reduce the amount of pressurized                  
              fluid in response to detecting a vehicle collision.  Specifically, the appellants point out              
              that (1) the fluid supply reservoir, as described in the specification, is clearly associated            
              with the actuator assembly for supplying fluid thereto, and (2) Bauer fails to teach or                  
              even suggest releasing pressurized fluid to a fluid supply reservoir for use in a pedal                  
              system such that the fluid can be reused.                                                                


                     The argument presented by the appellants does not convince us that the subject                    
              matter of claim 1 is novel.  In our view, Bauer does disclose a releasable pedal system                  
              for an automotive vehicle which includes a pressure release valve operable to release                    
              pressurized fluid to a fluid supply reservoir so as to reduce the amount of pressurized                  









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