Ex parte NAKAJIMA et al. - Page 7




          Appeal No. 1998-0728                                                        
          Application 08/468,231                                                      

          reference data is very time consuming to obtain in the first                
          place.  Appellants argue that the functions performed by the                
          height correction means allow the reference data to remain                  
          unaltered, producing the advantage over the references that                 
          the processing time is less than that required for constantly               
          changing all the reference data (because only several                       
          predetermined points are needed) and the advantage that it can              
          also be adapted for the situation where the vehicle is                      
          inclined due to a heavy mass loaded at one end (Br12).                      
               The Examiner essentially concludes that it would have                  
          been obvious to provide height correction means in Evans to                 
          determine the height of the vehicle because Evans can                       
          determine the height of an object in front of the vehicle.  It              
          is true that Evans can determine (to a limited degree) the                  
          height of an object or depression in front of the vehicle                   
          using the oblique structured light plane 32a in figures 4 and               
          5, where an obstruction shows up as a stripe 32d above, and a               
          depression shows up as a stripe 32c below, a stripe 32b                     
          indicating the normal height of the floor, as shown in                      
          figure 8 (col. 12, lines 23-42).  There is no suggestion in                 
          Evans about correcting the reference value (the location of                 

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