Ex Parte O'Dea - Page 2




             Appeal No. 2004-2103                                                               Page 2                
             Application No. 10/026,033                                                                               



                                                  BACKGROUND                                                          
                    The appellant's invention relates to a system and method for proportioning                        
             braking between front and rear wheels (specification, p. 1).  A copy of the claims under                 
             appeal is set forth in the appendix to the appellant's brief.                                            


                    Claims 2 and 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                    
             U.S. Patent No. 6,027,1821 to Nakanishi et al. (Nakanishi).                                              


                    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. 11, mailed April 15, 2004) for the examiner's complete reasoning in support                   
             of the rejection, and to the brief (Paper No. 10, filed February 17, 2004) for the                       
             appellant's arguments thereagainst.                                                                      


                                                      OPINION                                                         
                    In reaching our decision in this appeal, we have given careful consideration to                   
             the appellant's specification and claims, to the applied patent to Nakanishi, and to the                 




                    1 Issued February  22, 2000.                                                                      







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