Appeal No. 1997-2478 Application 08/361,554 apparatus for an automotive vehicle, and in particular to a suspension control apparatus that utilizes road roughness in determining how to adjust the vehicle’s suspension. In appellants’ apparatus, a processing means judges the roughness of the road surface based on an upward and downward acceleration signal of the vehicle. Claim 18, a copy of which is found in an appendix to appellants’ brief, is illustrative of the appealed subject matter.2 The references of record relied upon by the examiner in support of a rejection under 35 U.S.C. § 103 are: Kawagoe et al (Kawagoe) 4,827,416 May 2, 1989 Akatsu et al (Akatsu) 4,872,701 Oct. 10, 1989 Hiwatashi et al (Hiwatashi) 4,934,731 Jun. 19, 1990 Claims 18-39 are rejected under 35 U.S.C. § 103 as being 2Each of the independent claims on appeal calls for processing means for “detecting” an upward absolute velocity and a downward absolute velocity. It is clear from a reading of appellants’ specification, however, that upward and downward absolute velocity are not directed detected, but rather derived from a signal from acceleration sensor 5 that is representative of upward and downward acceleration, which signal is integrated by integrator circuit 41 to provide the upward and downward absolute velocity called for in the claims. Accordingly, we understand each of the independent claims on appeal as calling for processing means for deriving an upward absolute velocity and a downward absolute velocity from a signal representative of upward and downward acceleration. This claim ambiguity is worthy of correction in the event of further prosecution. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007