Appeal No. 96-3333
Application 08/295,194
activated brake controls" as recited in the language of claim 7. If there is no actuation by
the operator in the system of Ito, then there can be no compensation, but the claimed
invention compensates the steering independently of any actuation by the operator.
The Examiner has responded to appellants' argument regarding the combination of
Ito and Hattori. (See answer at page 7, paragraph 1.) We agree with the Examiner that
the teachings of Ito and Hattori are properly combined, but we do not find that the
combination of the teaching of Ito and Hattori meet the limitations of the language of claim
7 concerning the independent operation of the braking controls to effectuate steering
correction of the vehicle without a required actuation by the operator of the vehicle, as
discussed above. The combination of the compensation of Ito with the autonomous
sensing and steering/driving of Hattori would not have provided the skilled artisan with the
compensation of steering of a vehicle having an operator and independent compensation
of steering using the braking system where the steering is compensated independent of
the actuations by the operator.
We find that the examiner has not met the burden of setting forth a prima facie
case of obviousness in rejecting claims 2, 6 and 7. Obviousness is tested by "what the
combined teachings of the references would have suggested to those of ordinary skill in
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