Ex parte ASANUMA - Page 20




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



          Nishikawa except for the examiner’s improper hindsight                      
          suggestion [brief, page 22].  In addition to the repeated                   
          arguments of the examiner and appellant, appellant also argues              
          that none of the references discloses or suggests the                       
          integrating of a deviation between a reference trajectory and               
          an actual trajectory and a comparison of this integration as                
          recited in these claims [reply brief, page 16].                             
          We agree with all of appellant’s arguments.                                 
          Specifically, even though we have previously determined that                
          Takahashi ’785 does determine or estimate the driving skill of              
          the vehicle operator, there is no disclosure in Takahashi ’785              
          of how this                                                                 
          is done except that fuzzy linguistic inference rules are used.              
          There is no suggestion in Takahashi ’785 that the specific                  
          operations recited in claims 8-12 are performed.  Therefore,                
          we do not sustain this rejection of claims 8-12 under 35                    
          U.S.C.                                                                      
          § 103.                                                                      





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