Appeal 2007-1454
Application 11/088,528
1 vehicle as well as during the life span of the braking components in the vehicle.
2 Appellants agree that these components change slowly over the lifetime of the
3 vehicle and that this slow change and wear is not a substantial problem in
4 Appellants’ brake system. Appellants admit that some experimentation is
5 necessary to fit the claimed subject matter on a given vehicle. But such
6 experimentation does not appear to be undue and is well within the scope of those
7 skilled in this art. Accordingly, it is our conclusion of law that the Examiner has
8 not established that undue experimentation would be necessary to enable one of
9 ordinary skill to make and use the invention.
10 As noted above, we have determined that Matsumoto does not anticipate
11 the claimed subject matter of the claims subject to the anticipation rejection under
12 § 102. It was our finding that Matsumoto does not determine the position of a
13 brake system component and does not compare a position of the brake system
14 component to a targeted position. With respect to the obviousness rejection, while
15 we agree with the Examiner that self-energizing brakes and electromechanical
16 brakes are known in the art, as admitted by Appellants, the lack of control based on
17 brake component position is still absent from the cited and applied prior art
18 notwithstanding this admission of Appellants. Therefore, the obviousness rejection
19 on appeal cannot be sustained.
20
21
22
23
24
25
26
7
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013