Appeal No. 1998-0675 Page 6
Application No. 08/423,512
actuations preceding the braking manoeuvre [sic]; and
determining, based upon a given driving situation and a fixed
threshold value, a second threshold value which may be used in
order to terminate the automatic braking operation."
(Examiner's Answer at 4-5.) The appellant argues, "a new
threshold value is never determined in Reichelt et al. and
certainly not as a ‘product of the ascertained at least one
factor dependent on the driving situation and the fixed
threshold value’, which new threshold value is used for the
triggering criterion during a braking manoeuver [sic]."
(Appeal Br. at 15.)
Claims 1-9 and 11-17 specify in pertinent part the
following limitations: “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 and on pedal actuations preceding the braking
manoeuvre; and ... 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 ....”
Accordingly, the limitations require determining, during
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