Appeal No. 2001-0088 Page 13
Application No. 09/271,571
particular positioning devices 22-28, the system 10 will
monitor whether the current vehicle operator has adjusted this
position by more than a predetermined percentage. Thus, the
system 10 is notified that the current vehicle operator may
not be the vehicle operator that is normally associated with
the particular vehicle operator identification code that was
received by the personalization command module 16. An example
is where a parent has loaned his/her particular key fob
transmitter to a child. Murphy's system 10 operates on the
assumption that it is better not to adapt the adaptive system
20 if it is unclear whether the right vehicle operator is
operating the vehicle.
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on the examiner's analysis and review of Cicotte
and claim 16, it was the examiner's determination (answer, p.
3) that Cicotte discloses the adjustable pedal apparatus
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