Ex Parte SCHMITT et al - Page 2




          Appeal No. 2002-1556                                                        
          Application 09/409,583                                                      


          utilized for influencing a first braking pressure in a first                
          wheel brake of the at least one rear wheel to distribute a                  
          braking action between the at least one front wheel and the at              
          least one rear wheel, the braking action being distributed by               
          actuating actuators assigned to the at least one rear wheel so              
          that a differential is set between a second braking pressure in a           
          second wheel brake of the at least one front wheel and the first            
          braking pressure in the first wheel brake of the at least one               
          rear wheel, the device comprising:                                          
               a first arrangement determining whether the vehicle is at a            
          standstill due to the braking action in which the differential              
          between the first braking pressure and the second braking                   
          pressure has been set; and                                                  
               a second arrangement determining whether the vehicle is                
          rolling back from the standstill, and increasing the first                  
          braking pressure in the first wheel brake of the at least one               
          rear wheel to inhibit the rollback of the vehicle if the rollback           
          is detected.                                                                
                                  THE PRIOR ART                                       
               The reference relied on by the examiner to support the final           
          rejection is:                                                               
          Nell et al. (Nell)1          196 11 360           Sep. 25, 1997             
          German Patent Document                                                      
                                  THE REJECTIONS                                      
               Claims 1 through 5, 7 and 17 through 20 stand rejected under           
          35 U.S.C. § 102(b) as being anticipated by Nell.                            



               1 The record contains a copy of U.S. Patent No. 5,984,429 to           
          Nell et al., an English language equivalent of the applied                  
          reference.  Appended hereto is an English language translation of           
          the reference prepared on behalf of the USPTO.  As the appellants           
          and examiner have relied to this point on the U.S. patent for               
          their understanding of the reference, we shall do the same for              
          purposes of this decision.                                                  
                                          2                                           




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