Ex parte UCHIYAMA et al. - Page 2






             Appeal No. 1997-2478                                                                                 
             Application 08/361,554                                                                               



             apparatus for an automotive vehicle, and in particular to a                                          

             suspension control apparatus that utilizes road roughness in                                         

             determining how to adjust the vehicle’s suspension.  In                                              

             appellants’ apparatus, a processing means judges the roughness                                       

             of the road surface based on an upward and downward                                                  

             acceleration signal of the vehicle.  Claim 18, a copy of which                                       

             is found in an appendix to appellants’ brief, is illustrative                                        

             of the appealed subject matter.2                                                                     

                    The references of record relied upon by the examiner in                                       

             support of a rejection under 35 U.S.C. § 103 are:                                                    

                    Kawagoe et al (Kawagoe)                 4,827,416                  May                        
             2, 1989                                                                                              
                    Akatsu et al (Akatsu)                   4,872,701                  Oct.                       
             10, 1989                                                                                             
                    Hiwatashi et al (Hiwatashi)             4,934,731                  Jun.                       
             19, 1990                                                                                             

                    Claims 18-39 are rejected under 35 U.S.C. § 103 as being                                      




                    2Each of the independent claims on appeal calls for processing means for                      
             “detecting” an upward absolute velocity and a downward absolute velocity.  It is clear               
             from a reading of appellants’ specification, however, that upward and downward absolute              
             velocity are not directed detected, but rather derived from a signal from acceleration               
             sensor 5 that is representative of upward and downward acceleration, which signal is                 
             integrated by integrator circuit 41 to provide the upward and downward absolute velocity             
             called for in the claims.  Accordingly, we understand each of the independent claims on              
             appeal as calling for processing means for deriving an upward absolute velocity and a                
             downward absolute velocity from a signal representative of upward and downward                       
             acceleration.  This claim ambiguity is worthy of correction in the event of further                  
             prosecution.                                                                                         

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