Appeal No. 1998-0675 Page 3
Application No. 08/423,512
the invention to differentiate between emergency braking, in
which the automatic braking operation is to be triggered, and
routine, “target” braking, in which the triggering of the
automatic braking operation is not to be triggered.
Claim 1, which is representative for our purposes,
follows:
1. A method of determining triggering
sensitivity of an automatic braking operation in a
motor vehicle in dependence on a driving situation,
comprising the steps of
(a) taking as a criterion for triggering
of the automatic braking operation when a braking
manoeuvre [sic] is carried out in excess of a
threshold value of a speed of brake pedal actuation;
(b) automatically building up a brake
pressure higher than that resulting from a position
of the brake pedal after the triggering of the
automatic braking operation;1
(c) presetting a fixed threshold value for
brake pedal actuation speed;
1At oral hearing, the appellant’s attorney questioned
whether the claims are indefinite; he said that step (b)
should be written as the last step of claim 1. Because there
is no rejection under 35 U.S.C. § 112, ¶ 2, for indefiniteness
before us, we will not address the question. If the appellant
wishes to amend the claims, he may file a continuation
application.
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