Ex parte WINNER et al. - Page 5




          Appeal No. 2000-0858                                       Page 5           
          Application No. 08/890,933                                                  


          inherency, in a single prior art reference.  See Kalman v.                  
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                       


               The appellants argue (brief, pp. 8-10; reply brief, pp.                
          1-3) that the following limitations from independent claim 10               
          are not found in Suzuki                                                     
                    delaying a resumption of said control by said road                
               speed controller for a pregiven time duration when said                
               resumption is actuated by said driver and said actual                  
               speed (Vact) is greater than said stored desired speed                 
               (Vdes); and,                                                           
                    after said pregiven time duration has elapsed,                    
               decelerating said motor vehicle in such a manner that                  
               said actual speed (Vact) approaches said stored desired                
               speed (Vdes)                                                           
          and the following limitations from independent claim 11 are                 
          not found in Suzuki                                                         
                    means for delaying the resumption of the control of               
               said road speed for a pregiven time duration when said                 
               resumption is actuated by said driver and said actual                  
               speed (Vact) is greater than said stored desired speed                 
               (Vdes); and,                                                           
                    means for decelerating said motor vehicle in such a               
               manner that said actual speed (Vact) approaches said                   
               stored desired speed (Vdes) after said pregiven time                   
               duration has elapsed.                                                  










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