Ex Parte Bale et al - Page 3

             Appeal Number: 2006-3054                                                                          
             Application Number: 10/672,625                                                                    

                   The Appellants contend that a person or ordinary skill in the art would have                
             been enabled by reading the specification to make and use the claimed control                     
             scheme and conflict scheme.                                                                       
                   The examiner has rejected claims 1 to 20 under 35 U.S.C. § 102(b) as                        
             anticipated by Phoenix because the examiner finds that Phoenix discloses each and                 
             every element of claims 1 to 20.                                                                  
                   The Appellants contend that Phoenix does not disclose a conflict resolution                 
             scheme as recited in claims 1 and 5.  Appellants also contend that Phoenix does not               
             disclose a manual input for overriding the central control signals and the local                  
             central control signals, as recited in claim 6, or electrical energy for use in                   
             actuating a brake component as recited in claim 8.                                                
                                                   ISSUES                                                      
                   The first issue is whether the Appellants have shown that the examiner erred                
             in holding that the specification would not have enabled a person of ordinary skill               
             in the art to make and use a control scheme and a conflict resolution scheme.                     
                   The second issue is whether the Appellants have shown that the examiner                     
             erred in finding that Phoenix discloses a conflict resolution scheme.                             
                   The third issue is whether the Appellant has shown that the examiner erred                  
             in finding that Phoenix discloses a manual input for overriding the central control               
             signals and local control signals.                                                                
                   The fifth issue is whether the Appellants have shown that the examiner erred                
             in finding that Phoenix discloses electrical energy for use in actuating the brake                
             component.                                                                                        




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