Ex Parte LUTZ et al - Page 7




              Appeal No. 2002-1574                                                                Page 7                
              Application No. 09/280,921                                                                                


              (Brief, page 6; Reply Brief, pages 2 and 3).  Again, we agree with the Examiner that this                 
              language recited in claim 1 reads on Jonner, inasmuch as Jonner discloses inlet and                       
              outlet valves 124 and 132 in a “first valve arrangement” to adjust the lower pressures of                 
              the remaining cylinder(s) (Answer, page 6; see Jonner Figure 1 and column 6, lines 5-                     
              6).  Specifically, the inlet and outlet valves of the first valve arrangement of Jonner                   
              serve to modulate the pressure in the wheel with the lower pressure level (or in the                      
              words of the claim, “a further brake pressure”).                                                          
                     It therefore is our opinion that all of the subject matter recited in claim 1 “reads               
              on” the system disclosed by Jonner, and thus the reference anticipates the claim.  This                   
              being the case, we will sustain the rejection of claim 1, as well as the like rejection of                
              dependent claims 2 and 17-19, which the appellant has chosen to group with claim 1                        
              (Brief, page 4).                                                                                          


                     Claim 20 recites the invention in three method steps which track the invention as                  
              presented in apparatus claim 1.  On the basis of the same reasoning set forth above                       
              with regard to claim 1, we also will sustain the Section 102 rejection of claims 20, 21                   
              and 23-25.  The appellants’ arguments regarding claim 20 (Brief, pages 6-7) are the                       
              same as those directed to claim 1, and we find them not to be persuasive for the                          
              reasons set forth above.                                                                                  









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