Ex parte KEUPER et al. - Page 10




          Appeal No. 96-4122                                                           
          Application 08/077,419                                                       

               the road surface reference.  The spring-mass                            
               deflection would indicate road conditions such as                       
               road inclination, longitudinal and transverse                           
               conditions as known in the art.                                         
               The above-quoted passage further reflects the misplaced                 
          idea that detection of vehicle motion due to road surface                    
          condition equates to detecting motion in a road surface-fixed                
          reference system.  The examiner has not shown anything in                    
          Majeed which reasonably would have suggested eliminating the                 
          effects of road surface inclinations on detected vehicle                     
          motion.  The examiner further stated (answer at pages 8-9):                  
               Even if Majeed and Adachi did not take road surface                     
               as a fixed reference, practitioners in the art would                    
               have found it obvious to refer road surface as a                        
               fixed reference, because the vehicle moves in that                      
               reference in order to control car driving                               
               comfortability.                                                         
          The statement is mere conclusory and unsupported by factual                  
          evidence.  Moreover, the appellants’ do not simply claim                     
          reliance on a road surface-fixed reference.  Instead, the road               
          surface-fixed reference system must be dependent on corrected                
          first signals, which first signals represent movement of the                 
          vehicle relative to an inertial reference system.                            





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