Ex Parte Davis - Page 2




              Appeal No. 2005-0682                                                                     Page 2                 
              Application No. 10/064,682                                                                                      



                                                      BACKGROUND                                                              
                      The appellant's invention relates generally to a passenger vehicle brake                                
              controller and more particularly to a passenger vehicle trailer brake controller                                
              (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to                       
              the appellant's brief.                                                                                          


                      Claims 11 to 26 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                         
              U.S. Patent No. 5,620,2361 to McGrath et al. (McGrath).                                                         


                      Rather than reiterate the conflicting viewpoints advanced by the examiner and                           
              the appellant regarding the above-noted rejection, we make reference to the answer                              
              (mailed September 8, 2004) for the examiner's complete reasoning in support of the                              
              rejection, and to the brief (filed July 1, 2004) and reply brief (filed November 12, 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 McGrath patent, and to the respective                          

                      1Issued April 15, 1997.                                                                                 








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