Appeal No. 2004-2042 Page 2
Application No. 10/019,269
BACKGROUND
The appellant's invention relates to a method for actuating a wheel brake
assembly, in particular an electromechanical wheel brake assembly or a mechanical
system involving friction and having spring elasticity (specification, p. 1). A copy of the
claims under appeal is set forth in the appendix to the appellant's brief.
Claims 8 to 25 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which the appellant regards as the invention.
Claims 8 to 25 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent No. 5,090,5181 to Schenk et al. (Schenk).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the answer
(mailed April 2, 2004) for the examiner's complete reasoning in support of the rejections,
and to the brief (filed December 19, 2003) for the appellant's arguments thereagainst.
1 Issued February 25, 1992.
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