Ex Parte Herschel et al - Page 2

               Appeal 2006-2825                                                                             
               Application 10/691,916                                                                       
                      Appellants invented “a braking device for industrial trucks by means                  
               of which the vehicle can be automatically braked if a malfunction of vehicle                 
               operation occurs, independently of the usual braking action” (Specification                  
               1:26-28).  By way of example, Appellants point out that a vehicle equipped                   
               with an electric steering mechanism can no longer be steered if a power                      
               failure or other trouble occurs; in such cases, some means must be provided                  
               to ensure that the vehicle is braked in a controlled manner (Specification                   
               1:18-25).  Claim 1 is representative of the claimed invention and reads as                   
               follows:                                                                                     
                            1. A braking device for an industrial truck,                                    
                            comprising a first hydraulic brake cylinder which                               
                            is coupled with an actuation member and which is                                
                            in fluid communication with a hydraulic brake of                                
                            the truck through a braking conduit, a second                                   
                            hydraulic braking cylinder, and an electrical device                            
                            supplied with electric current, the braking conduit                             
                            being led to a hydraulic brake of at least one wheel                            
                            of the industrial truck, the second braking cylinder                            
                            being also connected to the hydraulic braking                                   
                            conduit, the second braking cylinder being                                      
                            actuable by an electric magnet, and an emergency                                
                            stop device being provided which responds to the                                
                            omission of the electric current, the emergency                                 
                            stop device supplying a braking signal to the                                   
                            electric magnet for the actuation of the second                                 
                            hydraulic braking cylinder in case of omission of                               
                            the current.                                                                    

                      The Examiner relies upon the following as evidence of                                 
               unpatentability:                                                                             
               Toomey                         US 3,765,729              Oct. 16, 1973                      
               Kessler                        US 6,079,792              Jun. 27, 2000                      


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