Ex parte RUMP - Page 4




          Appeal No. 1998-0675                                       Page 4           
          Application No. 08/423,512                                                  


                         (d) ascertaining at least one factor                         
               dependent on the driving situation in time-based                       
               dependence on at least one of the brake pedal                          
               actuation during a braking manoeuvre [sic] and on                      
               pedal actuations preceding the braking                                 
               manoeuvre[SIC]; and                                                    
                         (e) determining a new threshold value as a                   
               product of the ascertained at least one factor                         
               dependent on the driving situation and the fixed                       
               threshold value to differentiate between emergency                     
               braking requiring the automatic braking operation                      
               and target braking which does not require the                          
               automatic braking operation.                                           


               The prior art applied in rejecting the claims follows:                 
               Reichelt et al. (Reichelt)    5,158,343           Oct. 27,             
               1992                                                                   
               Rump et al. (Rump)            5,445,444           Aug. 29,             
               1995                                                                   
                                                  (filed Apr. 8,                      
          1994).                                                                      
          Claims 1, 2, 7, and 8 stand rejected under 35 U.S.C. § 103(a)               
          as being obvious over Reichelt.  Claims 3-6, 9, and 11-17                   
          stand rejected under § 103(a) as being obvious over Reichelt                
          in view of Rump.  Rather than reiterate the arguments of the                
          appellant or examiner in toto, we refer the reader to the                   
          brief and answer for the respective details thereof.                        










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