Ex Parte PAYNE - Page 7




          Appeal No. 2002-1717                                       Page 7           
          Application No. 09/089,153                                                  


          devices on a ‘trailer’ as the examiner states” (meaning a                   
          tractor-trailer), and that “[t]his distinction is key to the                
          patentability of the present invention. . ..”  However, appellant           
          acknowledges (id.) that Schofield teaches the use of its rearview           
          vision system in conjunction with “a vehicle 10, which may be an            
          automobile, a light truck, a sport utility vehicle, a van, a bus,           
          a large truck, or the like” (col. 3, lines 50-52) (emphasis                 
          added).                                                                     
               From the disclosure of Schofield, we find that the reference           
          discloses providing a large truck or the like, with a rearview              
          vision system reads on the claimed “trailer with its associated             
          tractor.”  Furthermore, assuming arguendo that Schofield does not           
          disclose a tractor-trailer, an artisan would have been motivated            
          to apply Schofield's sysyem to a tractor-trailer as taught by               
          Gauthier.                                                                   
               It is further argued (brief, page 7) that in the present               
          invention, the detection modules "are located only on the trailer           
          of a semi-tractor/trailer combination," and (brief, page 6) that            
          in Schofield, the image capture devices were meant to be located            
          forward on the body of the vehicle.  From our review of claim 1,            
          we find that the claim recites “a driver's side detection module            
          mounted on the trailer approximately one-third of the way back              







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