Ex parte ASANUMA - Page 13




          Appeal No. 96-1920                                                          
          Application 08/218,136                                                      



          estimates the driver’s driving skill nor specifically estimate              
          the skill according to an operation executed by the driver as               
          required by claim 1 [reply brief, page 10].                                 
          We will not sustain this rejection.  We agree with the                      
          arguments offered by appellant.  The driving characteristics                
          stored in Takahashi ’997 are not an estimation of the driving               
          skill of a vehicle operator.  Although it may be possible to                
          make this determination based on the stored data, Takahashi                 
          ’997 never discloses or suggests that this data is used to                  
          estimate the driving skill of the operator.  Takahashi ’997                 
          simply allows control of a vehicle to be based on an                        
          operator’s previous driving habits at the option of the                     
          driver.  Although the driving habits of a vehicle operator may              
          be evidence of his driving skill, Takahashi ’997 does not                   
          estimate this skill or adjust the                                           




          level of control based on the individual skill level of the                 
          operator.  Since Takahashi ’997 does not fully meet the                     
          invention of claim 1, we do not sustain this rejection of                   

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