Ex parte GRANTZ - Page 5




          Appeal No. 1999-0479                                                        
          Application No. 08/417,613                                                  


          Ando                               5,008,946                Apr.            
          16, 1991                                                                    
          Hasegawa et al. (Hasegawa)    5,091,856                Feb. 25,             
          1992                                                                        
          Tamada et al. (Tamada)        5,124,920                Jun. 23,             
          1992                                                                        
               Claims 2 through 10 and 12 stand rejected under 35 U.S.C.              
          § 103 as being unpatentable over Ando in view of Tamada,                    
          Ishikawa and Hasegawa.                                                      
               Reference is made to the Final rejection, the Brief and                
          the Answer for the respective positions of the appellant and                
          the examiner.                                                               
                                       OPINION                                        
               The obviousness rejection of claims 2 through 10 and 12                
          is reversed.                                                                
               In Ando, the vehicle driver uses eye and mouth movements               
          to control vehicle components such as the radio, the air                    
          conditioner, and cruise control (Figure 1a).  A CCD camera 3                
          (Figure 1b) observes the eye and mouth movements of the driver              
          of the vehicle, and the images therefrom are compared to a                  
          reference stored in memory (column 5, lines 15 through 59;                  
          column 6, lines 26 through 61).  Appellant argues that Ando is              
          not concerned with enabling or disabling the starting of the                

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