Ex parte SEYMOUR et al. - Page 10




          Appeal No. 97-2524                                                          
          Application 08/255,128                                                      



          Accordingly, we sustain the rejection of claim 11.  With                    
          respect to claim 12, appellants make the vehicle speed                      
          argument that we considered earlier.  Since Davis clearly                   
          generates instructions based on the speed of the vehicle, we                
          sustain the rejection of claim 12.                                          
          With respect to claim 13, appellants argue that Davis                       
          does not disclose any plurality of continuous functions                     
          related to driver instruction timing preferences [brief, page               
          15].  Although we have determined that Davis does disclose the              
          broad concept of driver instruction timing preferences, we                  
          agree with appellants that there is no disclosure in Davis of               
          what form these timing preferences should take.  There                      
          certainly is no disclosure in Davis that driver instruction                 
          timing preferences should be comprised of a plurality of                    
          continuous functions.  Since the rejection is under 35 U.S.C.               
          § 102 and we can find no disclosure of continuous functions as              
          recited in claim 13, we do not sustain the rejection of claim               
          13 as anticipated by Davis.  Since claims 14-16 depend from                 
          claim 13, we also do not sustain the rejection of these                     
          claims.                                                                     

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