Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

, .Applicant: EngelgauSN: 09/643,422'". .Pa1!e 3 of 4alowéd by the same Examer responsible for the intant application. The differences in clà.!l20 herein and clai 10f the parent patent is that clai 20 is more specific in that the ped ar(14) moves rectiliearly along a gude member (62), the guide number (62) being in turh,pivotaly supported by the support (18).Clai 23 has been cancelled to overcome the objection to the drwig. "As t~ the references" as in the parent patent 6,109,241, there is no suggestion in thereferences of why one would reconstrct either of the perectly sound assemblies in thereferences.Independent clai 24 is a duplicate of clai 15 in the parent application except the word"thottle" has been eliinted from clai 15 just in case there could be an arguent that clai15 does not cover the control of a brake system.Accordingly, clai 24 is alowable for the same reasons clai 15 was allowed in parentpatent 6,109,241.A termal disclaier is filed herewith relative to parent patent 6,109,241, therefore,clais 20 and 24 are clearly alowable for the same basic reasons the clai in the parent patent6,109,241 were allowed.Al of the objections and rejections, havig been overcome, the application is now in, .condition f?r alowance, which allowance is respectfy solicited.Accordingly, it is respectfully submitted that the Application, as amended, is nowpresented in condition for alowance, which allowance is respectfy solicited. Furer and'favorable reconsideration of the outsdig Offce Action is hereby requested.Applicant by th Response does not intend to abandon any equivalents under thedoctre of equivalents for the srope öf any clai' element between the literal scope of the claielement and the scope ~f the prior ar. Any element added to any clai is deemed to claia new application. Any amendment made to any clai is made subject to an equivalencyexistig between the language added and the prior ar that need not be detailed here.in'./.."2'1-=-- -~ -- -- --._."