Appeal No. 2005-0682 Page 12
Application No. 10/064,682
response to a sudden increase of the brake pressure input. McGrath does not disclose
that the control element includes logic adapted to increase a gain of the trailer brake
output in response to an increase in the vehicle speed input. As such claims 23 and 24
are not anticipated by McGrath.
With regard to the limitations of claims 23 and 24, the examiner opines (answer,
pp. 6-7) that "these [ABS pressure] signals will be transmitted to the controller via line
251, whereupon they will be converted into the trailer brake output signals" and that the
"controller will output appropriate trailer brake signals in accordance with current vehicle
conditions, one of which is vehicle speed." We once again note that there is no
evidence in the rejection before us that supports these opinions. Thus, the examiner
has not provided a factual basis to support a conclusion that claims 23 and 24 are
anticipated by McGrath.
For the reasons set forth above, the decision of the examiner to reject claims 23
and 24 under 35 U.S.C. § 102(b) is reversed.
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