Ex Parte ISONO et al - Page 5




                    Appeal No. 2003-0084                                                                                                                                  
                    Application No. 09/233,583                                                                                                                            


                    Simply stated, while Pueschel mentions a pressure increasing                                                                                          
                    device or "hydraulic aggregate" that can work with a conventional                                                                                     
                    vacuum booster and which initiates a pressure increasing                                                                                              
                    operation when the brake operating force has increased to a                                                                                           
                    pressure threshold value of 30 bar (col. 4, lines 4-9), we find                                                                                       
                    no correlation between this value and any characteristic of the                                                                                       
                    vacuum booster in Pueschel and no suggestion that such value is                                                                                       
                    attained before the boosting limit point of the vacuum booster                                                                                        
                    and at a point where the boosting ratio of the vacuum booster is                                                                                      
                    reduced during an increase of the brake operating force.  Like                                                                                        
                    appellants, we find the examiner's conclusions about when the                                                                                         
                    alleged transition point of 30 bars is reached, or whether it is                                                                                      
                    affected or unaffected by a vacuum booster limit, to be wholly                                                                                        
                    without foundation and based on pure speculation.  As appellants                                                                                      
                    have urged on page 3 of the reply brief, since Pueschel describes                                                                                     
                    the vacuum booster and power brake unit therein as being                                                                                              
                    "conventional," it is far more likely that boosting by the                                                                                            
                    "hydraulic aggregate" would not occur until the boosting limit of                                                                                     
                    the vacuum booster is reached, as in the prior art discussed by                                                                                       
                    appellants on pages 1-4 of their specification, not before, as                                                                                        
                    contended by the examiner.                                                                                                                            


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