Ex parte WEISHAUPT - Page 6




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

          experimentation in practicing the claimed invention, that                   
          experimentation was clearly not undue as to make the                        
          disclosure nonenabling within the meaning of 35 U.S.C. § 112,               
          first paragraph.  Accordingly, we will not sustain the                      
          rejection of claims 5 through 7.                                            
               The first operating mode concerns the situation where an               
          object is standing still or is driving more slowly in the                   
          driver’s direction.  Clearly, it was well known in the art                  
          that distance measuring devices can determine whether an                    
          object is standing still (the relative speed of the object is               
          equal to that of the vehicle speed) or moving slower in the                 
          same direction as the vehicle (the relative speed of the                    
          object is less than the vehicle speed).                                     
               The second operating mode concerns the situation where an              
          object may be standing still or driving more slowly in the                  
          driver’s direction, as in the first mode, but also includes                 
          the situation where an object is coming towards the vehicle.                
          Clearly, it was also known in the art how to determine when an              
          object is coming towards the vehicle (the relative speed of                 
          the object is greater than the vehicle speed).                              



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