Appeal Number: 2006-2476
Application Number: 10/269,089
temperature should also be ambient temperature. To reach that decision in the flowchart,
the initial switch-off temperature of the hydraulic assembly must be greater than or equal
to the predetermined maximum switch-on temperature of step 31. As indicated by
appellants (Reply Brief, page 3), it is known to artisans skilled in the art to provide initial
values for the operation of the system. Clearly, it would have been within the level of the
skilled artisan to store along with the predetermined maximum for step 31 an initial value
for the hydraulic system switch-off temperature which is at or above that predetermined
maximum. Therefore, we find the claims are enabled by the disclosure. Accordingly, we
will reverse the enablement rejection of claims 1 through 14.
CONCLUSION
The decision of the examiner rejecting claims 1 through 14 under 35 U.S.C.
§ 112, first paragraph, is reversed.
REVERSED
MURRIEL E. CRAWFORD )
Administrative Patent Judge )
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)
)
) BOARD OF PATENT
ANITA PELLMAN GROSS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
ROBERT E. NAPPI )
Administrative Patent Judge )
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