Ex Parte PAYNE - Page 8




          Appeal No. 2002-1717                                       Page 8           
          Application No. 09/089,153                                                  


          from the front near the bottom of the driver's side."  In                   
          Gauthier, figure 2 discloses transceivers 60 mounted on the side            
          of the trailer of the tractor-trailer. The left-most transceiver            
          60 is located approximately one-third of the way back from the              
          front of the tractor-trailer.  We note that claim 1, as broadly             
          drafted, does not require the detector be approximately one-third           
          of the way back from the front of the trailer, but reads on the             
          detector being approximately one-third of the way back from the             
          front of the tractor trailer.  From the dioslosure of Gauthier,             
          we find that an artisan would have been motivated to locate the             
          detectors of Schofield in the location disclosed by Gauthier, in            
          view of Gauthier's disclosed placement on a tractor-trailer.  In            
          addition, we note that Schofield does not seem to disclose that             
          the rear detection module includes a laser-based distance                   
          detection system.  Neither does Gauthier.  However, the appellant           
          does not argue this as a difference and thus it will be assumed             
          that limitation is met or made obvious to one skilled in the art            
          by Schofield and Gauthier.  Cf. In re Baxter Travenol Labs, 952             
          F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991) ("It is not            
          the function of this court to examine the claims in greater                 
          detail than argued by an appellant, looking for nonobvious                  









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