Ex parte WINNER et al. - Page 6




              Appeal No. 1998-2375                                                                                       
              Application 08/512,065                                                                                     



              whether an inhibition of the vehicle as a whole would occur according to the remaining                     
              discussion of modified Figure 4 in its operation.                                                          
                     Therefore, we disagree with appellants' assertions in the brief and reply brief                     
              regarding the actual teachings and suggestions in McShane itself.  Moreover, as alluded to                 
              by the examiner in his brief discussion at the top of page 5 of the answer, the teaching                   
              value of McShane to the artisan includes teachings of determining distance, time, velocity                 
              and acceleration as values which may be utilized to disable a vehicle after a given value is               
              determined by the respective sensed element.  It is implied from the discussion of column                  
              6, line 45, regarding a distance value determination of the initial embodiment for the SNSR                
              that a value other than one mile may be arbitrarily set by the user of the vehicle or the                  
              designer of the system.  The operator selectability capability of the overall system is taught             
              at the last lines of column 8 of McShane.                                                                  
                     Finally, we agree with appellants' views expressed at pages 9 through 11 regarding                  
              dependent claims 4, 25, 43, 44 and 55.  Because it is clear from the examiner's statement                  
              of the rejection in the final rejection that he does not regard any teaching value of Weber                
              and Girotto as indicating a determination of rate of movement or speed of a vehicle, our                   
              study of McShane leads us to conclude that there is no teaching in this reference regarding                
              the features recited in these noted claims as                                                              



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