Ex parte LABUHN et al. - Page 5




          Appeal No. 1999-2764                                                        
          Application No. 08/863,228                                                  


          is warned via a buzzer, light, or the like (col. 8, lines 8 to              
          10).                                                                        
               At pages 3 to 4 of the answer, the examiner acknowledges               
          that Deering does not specifically teach controlling                        
          deceleration when a vehicle enters the path of hte controlled               
          vehicle and will require at least a sudden deceleration of the              
          controlled vehicle.  Although the examiner subsequently states              
          on page 7 of the answer that "the primary reference [Deering]               
          is sufficient to provide support for the claimed limitations,"              
          he also takes the position that the claimed subject matter                  
          would have been obvious in view of Chakraborty’s disclosed                  
          collision prediction warning system.                                        
               We will not sustain this rejection.  First considering                 
          claim 1, the last step of that claim recites:                               
                    attenuating the inverse responsiveness of the                     
                    deceleration function when the new inter-vehicle                  
                    spacing does not exceed a predetermined inter-                    
                    vehicle spacing.                                                  
          The examiner has not pointed out specifically, nor do we find,              
          where in Deering there is any disclosure of alternating the                 
          inverse responsiveness of the Deceleration function,                        
          particularly when the spacing between Deering’s vehicles 10                 

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