Ex parte HALVORSON et al. - Page 9




                 Appeal No. 2001-1541                                                                                     Page 9                        
                 Application No. 09/094,297                                                                                                             


                          We will not sustain the rejection of claims 1 to 20 under                                                                     
                 35 U.S.C. § 103 as being unpatentable over Kull in view of                                                                             
                 Dierker or Codina.                                                                                                                     


                          The examiner's position (answer, pp. 4-5) with respect to                                                                     
                 this ground of rejection is that it would have been obvious to                                                                         
                 one having ordinary skill in the art at the time the invention                                                                         
                 was made to modify Kull  by replacing Kull's gyroscope/GPS3                                                                                            
                 means for determining turn rate by using a distance sensing                                                                            
                 means to determine the turn rate in view of the teachings of                                                                           
                                          4                  5                                                                                          
                 either Dierker  or Codina .  We do not agree.                                                                                          










                          3The pertinent teachings of Kull are set forth on page 9                                                                      
                 of the brief and page 4 of the answer.                                                                                                 
                          4The pertinent teachings of Dierker are set forth on                                                                          
                 pages 5,6 and 10 of the brief and pages 4-5 of the answer.                                                                             
                          5The pertinent teachings of Codina are set forth on page                                                                      
                 10 of the brief and pages 4-5 of the answer.                                                                                           







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