Ex parte LABELLE - Page 5




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


          the answer where the examiner makes reference to Milde's                    
          Summary of the Invention at column 2, lines 3-13, which                     
          indicates in part that his control device includes "means for               
          sensing the driving environment of the motor vehicle and for                
          changing the condition of response in dependence upon the                   
          sensed environment."  This noted portion of the Summary of the              
          Invention appears to be identical to Milde's abstract.  Even                
          considering this broad teaching of sensing the driving                      
          environment together with the statement at column 1, lines 50-              
          53 that "it is important that the device does not switch on                 
          the hazard lights in situations where  they are not needed,                 
          since frequent, unnecessary flashing of hazard lights would                 
          cause confusion to other motor vehicle operators," we are                   
          still unpersuaded of the obviousness of the subject matter of               
          representative claim 5 and independent claim 8 as well on                   
          appeal.  The examiner's reasoning as well as these teachings                
          in Milde simply fall short in our view of a sufficient                      
          motivation, teaching, or suggestion within 35 U.S.C. § 103 of               
          associating a turn signal means of a vehicle with the                       
          operation of the underspeed signal detector means of Milde,                 
          and to do so in a manner to inhibit the operation of the                    
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