Ex Parte POLZIN - Page 2




                    Appeal No. 2002-1641                                                                                                                                  
                    Application No. 09/276,213                                                                                                                            


                    vibrations are damped and at the same time, the performance of                                                                                        
                    the braking control intervention itself is not substantially                                                                                          
                    impaired.  Independent claims 1 and 10 are representative of the                                                                                      
                    subject matter on appeal and a copy of those claims can be found                                                                                      
                    in the Appendix to appellant's brief.                                                                                                                 


                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Ghoneim                                          4,947,332                                         Aug.  7, 1990                                      
                    Schaefer et al.                                  5,193,889                                         Mar. 16, 1993                                      
                    (Schaefer)                                                                                                                                            
                    Sone et al. (Sone)                               5,584,541                                         Dec. 17, 1996                                      

                    Claims 1, 2 and 4 through 10 stand rejected under 35 U.S.C.                                                                                           
                    § 103(a) as being unpatentable over Schaefer in view of Ghoneim.                                                                                      


                    Claim 3 stands rejected under 35 U.S.C. § 103(a) as being                                                                                             
                    unpatentable over Schaefer in view of Ghoneim as applied to claim                                                                                     
                    1 above, and further in view of Sone.                                                                                                                 


                    Rather than attempt to reiterate the examiner's full                                                                                                  
                    commentary with regard to the above-noted rejections and the                                                                                          
                    conflicting viewpoints advanced by the examiner and appellant                                                                                         
                    regarding those rejections, we make reference to the examiner's                                                                                       

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