Appeal Number: 2006-3054
Application Number: 10/672,625
will be proper on that basis. See In re Marzocchi, 439 F.2d 220, 223, 169 USPQ
367, 369 (CCPA 1971). As stated by the court, "it is incumbent upon the Patent
Office, whenever a rejection on this basis is made, to explain why it doubts the
truth or accuracy of any statement in a supporting disclosure and to back up
assertions of its own with acceptable evidence or reasoning which is inconsistent
with the contested statement. Otherwise, there would be no need for the applicant
to go to the trouble and expense of supporting his presumptively accurate
disclosure." In re Marzocchi, 439 F.2d at 224, 169 USPQ at 370.
ANALYSIS
Enablement Issue
In our view, a person of ordinary skill in the art would know of various
control schemes which are present in vehicles and would know how to make a
control scheme without undue experimentation.
The specification discloses a conflict resolution scheme in a manner that
would enable a person of ordinary skill in the art to make and use the invention
without undue experimentation.
Anticipation Issue
Phoenix discloses that when a skid occurs there may be a delay in the
application of the skid control by central controller 10. This delay results in the
signal Pa not being in accordance with the skid control scheme rules for some
period of time. In Phoenix, there is also a distributed electronic control unit 16
which generates a signal Pd which is immediately in accordance with the skid
8
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