Ex Parte Ewing et al - Page 8




              Appeal No. 2002-1620                                                               Page 8                
              Application No. 09/504,416                                                                               


              fluid in response to detecting a vehicle collision.  In our view, the claimed language that              
              the releasable pedal system 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 is clearly readable on Bauer's 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 upon a crash                       
              sensed by airbag sensor 62.  Thus, the claimed pressure release valve operable to                        
              release pressurized fluid is readable on Bauer's outlet valves 51, 52, 57, 58  and the                   
              claimed fluid supply reservoir is readable on Bauer's low-pressure accumulators 67, 68.                  
              In that regard, Bauer's low-pressure accumulators 67, 68 do supply fluid to the brake                    
              system when the brake system reverts from the position depicted in Figure 5 wherein                      
              the low-pressure accumulators 67, 68 are filled with fluid to the position depicted in                   
              Figure 4 wherein the low-pressure accumulators 67, 68 are not filled with fluid.1                        


                     With regard to the appellants' argument to the effect that Bauer's low-pressure                   
              accumulators 67, 68 do not recirculate the fluid back to the pressure fluid supply                       
              reservoir 5 (identified in Figure 1 of Bauer), we note that such a feature is not recited in             


                     1 We note that the claimed fluid supply reservoir is not readable on pressure fluid receivers 16, 17
              shown in Figure 1 of Bauer or the accumulator chambers 26, 27 shown in Figures 2 and 3 of Bauer since    
              these receivers/chambers do not supply fluid to the brake system, rather they remove fluid therefrom.    






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