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

-- As of Januar 26, 1998, one or more companes in the United States includigCTS Corporation ofElkar, Indiana ("CTS") made and sold modular electronic pedalposition sensors that (a) were specifically designed to engage the pivot of an acceleratorpedal, and (b) were specifically intended and marketed for use to actuate electroniccontrols in vehicles, as exemplified by the "position sensor and switch assembly 17"disclosed in U.S. Patent No. 5,385,068 fied December 18, 1992 (Wilemsen DecL. ir 12;KSR Main Br, at 25 & Ex. 10), and as further exemplified by the CTS "503 Series", sensor installed tn certain 1994 ChevroletC/Kpick-up trcks (i. irir 14-19 & Exs. 8-10).-- As of January26, 1998, coupling a position sensor to a vehicle's acceleratorpedal pivot shaft (with the sensor housing attached to the pedal's support bracket) was astandard technique used to enable accelerator pedals to communcate with and actuate) electronic throttle controls (Wilemsen Decl. irir 13, 21), as shown in varous pritedpublications in the prior ar (e.g., KSR Main Br. Ex. 9, disclosing "potentiometer 12"mounted to "side wa1118" ofliSup port structue 4" and engaged with "axial shaft 76";KSR Main Br. Ex 10, disclosing "position sensor 17" mounted on "moving bracket II"and engaged with "shaft 13"), and as fuher as exemplified by the accelerator pedalsintalled in certain 1994 Chevrolet C/K pick-up trcks (id.irir 14-19 & Exs. 8-10).Prosecution History of '565 Patent Claim 4-- The '565 Patent issued on U.S. ApplicationNo. 09/643,422 :fled August 22,2000 (the '''422 Application"). The '422 Application was a "continuation" of U.S.Application No. 09/236,975 filed January 26, 1999 (the "'975 Application"). The latterapplication matured into U.S. Patent No. 6,109,241 issued August 29,2000 (the '''241Patent").3