Ex parte RIXON et al. - Page 16




          Appeal No. 2001-0088                                      Page 16           
          Application No. 09/271,571                                                  


          adjusted to suit the individual driver, instead of an                       
          adjustable seat track or with a shorter adjustable seat track.              
          From these combined teachings, in applying the test for                     
          obviousness, it is our opinion that it would have been obvious              
          at the time the invention was made to a person having ordinary              
          skill in the art to have utilized Cicotte's control pedal                   
          apparatus as a personalization device in Murphy's system for                
          the self-evident advantages thereof.                                        


               For the reasons set forth above, the decision of the                   
          examiner to reject claim 16 under 35 U.S.C. § 103 is affirmed.              


          Claim 20                                                                    
               We sustain the rejection of claim 20 under 35 U.S.C. §                 
          103.                                                                        


               Claim 20 reads as follows:                                             
                    An apparatus as recited in claim 16 including a                   
               controller adapted to be associated with the vehicle for               
               selectively positioning said pedal relative to the                     
               vehicle structure, said controller including a first                   
               control for moving the pedal in a first direction and a                
               second control for moving said pedal in a second                       








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