Ex parte ASANUMA - Page 14




          Appeal No. 96-1920                                                          
          Application 08/218,136                                                      



          claim 1.                                                                    
          We now consider the rejection of claim 1 under 35                           
          U.S.C. § 102(e) as being anticipated by the disclosure of                   
          Takahashi ’785.  The examiner indicates how he reads claim 1                
          on the disclosure of Takahashi ’785 on pages 7-8 of the                     
          answer.  Appellant argues that Takahashi ’785 “does not                     
          include a control means for controlling a steering device                   
          according to a detected vehicle operating condition such as                 
          yaw rate and/or lateral acceleration, as well as means for                  
          modifying a property of the controlling means based on an                   
          estimated driver’s skill level as claimed” [brief, pages 18-                
          19].  The examiner responds that Takahashi ’785 determines a                
          driver’s skill level and uses this determination to adjust the              
          level of control [answer, page 15].  Appellant argues that                  
          Takahashi ’785 controls the vehicle steering system                         
          exclusively based on detected data of a driver’s steering                   
          input to a steering wheel rather than on an actual operating                
          condition of the vehicle [reply brief, pages 11-12].                        
          Appellant also argues that the intervention in Takahashi ’785               
          may not necessarily decrease the level of control based on the              

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