Appeal No. 2003-0087 5
Application No. 09/512,164
brake that provides desired brake pressure “to bring any vehicle so equipped to a gradual
controlled stop, taking into account the great variation in weight between small motor cars
and large school buses and trucks. . . .” Figures 4 and 5 show details of the brake
actuator and Figures 6 and 7 shown the actuator incorporated into vehicle braking
systems. There appears to be no dispute that Fontaine’s actuator comprises a casing 28,
a piston assembly 29 positioned within the casing, a piston rod 31 secured to the piston
assembly, a spring member 30 disposed in the casing, and an attachment means
(elements 32 and/or 34) for associating the piston with a force transfer member of a
braking system. Appellants contend, among other things, that Fontaine is not a spring
applied brake assembly for a railway vehicle braking system, and that Fontaine does not
disclose a brake actuator wherein the piston rod is extended, as opposed to being
retracted, to initiate a brake application.
In rejecting claim 1, the examiner has taken the position that the actuator of
Fontaine “[is] capable of use in a railroad vehicle brake system” (final rejection, page 3:
answer, page 3). While we appreciate appellants’ argument that the actuator of Fontaine
is not disclosed as being used in the manner set forth in appellants’ claim 1, we nonethe-
less share the examiner’s view regarding the capability of the Fontaine actuator. Support
for the examiner’s position is found in the circumstance that railroad vehicles come in a
variety of sizes and weights, including relatively small gage railroad vehicles, and in
Fontaine’s disclosure at col. 1, lines 48-57, that the brake system thereof may provide a
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