Appeal No. 2002-1590 Page 9
Application No. 09/511,516
based on inherency, however, inherency may not be established by
probabilities or possibilities, but must instead be "the natural
result flowing from the operation as taught." See In re Oelrich,
666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA 1981). In the present
case, the disclosure of Hjerpe does not provide an adequate
factual basis to establish that the natural result flowing from
following the teachings of that reference would be a brake pedal
assembly like that claimed by appellants. Accordingly, we will
not sustain the examiner’s rejection of claim 17 under 35 U.S.C.
§ 102(a) based on Hjerpe.
We turn next to the examiner’s rejection of claims 9 through
11, 14, 15, 17 and 19 under 35 U.S.C. § 102(e) as being
anticipated by Okuhara (Figures 4A, 4B). A fair explanation of
the structure and operation of the brake pedal assembly seen in
Figures 1-4 of Okuhara can be found on page 7 of appellants’
brief. Similar to the pedal system in Hjerpe, the pedal system
of Okuhara includes a control mechanism which permits collapse of
the push rod upon application of an external force to the push
rod, regardless of whether or not any given level of vehicle
deceleration is present. Thus, with particular regard to claim 9
on appeal, the releasable pedal system of Okuhara has no control
mechanism for “preventing” relative movement between the first
and second rod members during normal vehicle operation, as set
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007