Ex Parte SCHMITT et al - Page 4




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


          stopped in traffic, to trigger an automatic stationary braking              
          mode which prevents the vehicle from rolling, even if the brake             
          pedal is released, until the driver terminates the mode.  Nell              
          teaches with respect to this automatic stationary braking mode              
          that “[i]n practice, a brake pressure . . . of about 40 bar is              
          sufficient in all conceivable situations.  If the vehicle                   
          nevertheless starts to roll, an additional supply can be                    
          provided, i.e. the brake pressure increased again” (column 10,              
          lines 19 through 23), and that                                              
               [a]n advantageous type of brake-pressure control is                    
               also within the scope of the present invention by                      
               coupling the maximum pressure by driving the brake                     
               booster 14 only into the wheel brakes 9, 11 of the                     
               driven rear wheels of the vehicle and by subjecting                    
               only the front-wheel brakes 7, 8 of the vehicle to a                   
               pressure reduced relative to this maximum achievable                   
               brake pressure by shutting off their inlet valves 24 or                
               to no pressure at all [column 10, lines 49 through 55;                 
               see also column 14, lines 31 through 34].                              
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of inherency,            
          each and every element of a claimed invention.  RCA Corp. v.                
          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984).  It is not necessary that the                    
          reference teach what the subject application teaches, but only              
          that the claim read on something disclosed in the reference,                
          i.e., that all of the limitations in the claim be found in or               

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