Ex parte LABELLE - Page 2




                     Appeal No. 1998-0726                                                                                                                                              
                     Application 08/434,919                                                                                                                                            


                                Representative claim 5  is reproduced below:   1                                                                                                       
                                5.  An underspeed warning system for a motor vehicle                                                                                                   
                     having left and right turn signals, comprising:                                                                                                                   
                                speed sensing means for outputting a speed sensing signal                                                                                              
                     proportional to the speed of said motor vehicle;                                                                                                                  
                                means for providing a reference speed signal;                                                                                                          
                                comparator means for comparing said speed sensing signal                                                                                               
                     to said reference speed signal and outputting an underspeed                                                                                                       
                     signal when said speed sensing signal is less than said                                                                                                           
                     reference speed signal;                                                                                                                                           
                                at least one warning indicator;                                                                                                                        
                                driver means for activating said at least one warning                                                                                                  
                     indicator in response to said underspeed signal; and                                                                                                              
                                turn signal disable means for inhibiting said driver                                                                                                   
                     means from activating said at least one warning indicator when                                                                                                    
                     at least one of said turn signals is active.                                                                                                                      
                                The following reference  is relied on by the examiner:2                                                                                                     
                     Milde, Jr. (Milde)                                                         4,843,370                                  June 27,                                    
                     1989                                                                                                                                                              

                                1  Claim 5 as reproduced in the brief is not claim 5 on                                                                                                
                     appeal, since claim 5 has been unamended.  The original                                                                                                           
                     submitted version of this claim as filed does not include the                                                                                                     
                     words "it and" in the second line of the comparator means                                                                                                         
                     clause of claim 5 as reproduced in the brief.  This has been                                                                                                      
                     noted by appellant at page 1 of the Reply Brief.                                                                                                                  
                                2 The additional references cited by the examiner at page                                                                                              
                     3 of the answer have not been considered since they form no                                                                                                       
                     part of the actual, stated rejection of the claims on appeal.                                                                                                     

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