Ex Parte ALAZE - Page 2




             Appeal No. 2003-0400                                                                Page 2                
             Application No. 09/272,772                                                                                


                                                   BACKGROUND                                                          
                    The appellant's invention relates to a piston pump for a brake system.  An                         
             understanding of the invention can be derived from a reading of exemplary claim 1,                        
             which appears in the appendix to the appellant's Brief.                                                   
                    The prior art references of record relied upon by the examiner in rejecting the                    
             appealed claims are:                                                                                      
             Schmidt et al.1 (Schmidt)                  WO 97/43152                 Nov. 20, 1997                      
             Volz et al.2 (Volz)(Offenlegungsschrift) 4102364                       Jul.   30, 1992                    
                    Claims 1-14, 16-18 and 21-23 stand rejected under 35 U.S.C. § 103 as being                         
             unpatentable over Schmidt in view of Volz.                                                                
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
             the appellant regarding the above-noted rejection, we make reference to the Answer                        
             (Paper No. 23) for the examiner's complete reasoning in support of the rejection, and to                  
             the Brief (Paper No. 22) and Reply Brief (Paper No. 25) for the appellant's arguments                     
             thereagainst.                                                                                             





                    1Our understanding of this German language reference was obtained from Schmidt et al. U.S.         
             Patent No. 6,079,796, filed Jun. 27, 2000, which was made of record by the examiner.                      
                    2Our understanding of this German language reference was obtained from a PTO translation, a        
             copy of which is enclosed.                                                                                






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