Ex Parte Sielagoski et al - Page 2

                 Appeal 2007-1288                                                                                     
                 Application 10/195,744                                                                               
                        Appellants’ claimed invention relates to an adaptive speed control                            
                 system and method for controlling vehicle deceleration in which a maximum                            
                 allowed vehicle deceleration is set based on a determination of vehicle                              
                 speed.                                                                                               
                        We affirm.                                                                                    
                        Claim 1 is illustrative of the invention and it reads as follows:                             
                        1.     In an adaptive speed control system for a vehicle, a method for                        
                 controlling vehicle deceleration, the method comprising:                                             
                        determining a speed of the vehicle; and                                                       
                        setting a maximum allowed vehicle deceleration based on the vehicle                           
                 speed determined.                                                                                    
                        The Examiner relies on the following prior art references to show                             
                 unpatentability:                                                                                     
                 Grosseau   US 3,953,691  Apr. 27, 1976                                                               
                 Minowa   US 2001/0008989 A1 Jul. 19, 2001                                                            
                                                    (effectively filed May 28, 1996)                                  
                        Claims 1 and 9 stand rejected under 35 U.S.C. § 102(e) as being                               
                 anticipated by Minowa.  Claims 17 and 18 stand rejected under 35 U.S.C.                              
                 § 103(a) as being unpatentable over Minowa in view of Grosseau.                                      
                        Rather than reiterate the arguments of Appellants and the Examiner,                           
                 reference is made to the Briefs and Answer for the respective details.                               

                                                    ISSUES                                                            
                 (i)     Under 35 U.S.C § 102(e), does Minowa have a disclosure which                                 
                 anticipates the invention set forth in claims 1 and 9?                                               


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