Ex parte WEISHAUPT - Page 5




          Appeal No. 95-2730                                                          
          Application No. 08/169959                                                   

          for the first and second modes.  The examiner also contends                 
          that there is inadequate disclosure for emitting a signal on a              
          first operating mode characteristic of clear visibility,                    
          switching to a second operating mode and emitting a signal in               
          the second operating mode.  The examiner further contends that              
          there is an inadequate disclosure of a signal emission                      
          occurring when two receivers observe an object at                           
          approximately the same distance whose relative speed is one of              
          lower than, equal to, and higher than, the vehicle speed.  The              
          examiner also questions how the object sensing device operates              
          with respect to the operating mode selector (4) and the rotary              
          type switch (5).  Finally, the examiner asks, “How does the                 
          object sensing device (1) know when an object is standing or                
          is driving more slowly in the driver’s direction of the motor               
          vehicle, and when an object comes toward the motor vehicle?”                
          [final rejection, page 4].                                                  
               We have carefully considered the record before us,                     
          including, inter alia, the arguments of the examiner and                    
          appellant, the original disclosure and the declaration of                   
          Walter Weishaupt and we conclude therefrom that while the                   
          artisan would have needed to resort to some minimal                         

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