Appeal No. 1998-0675 Page 7
Application No. 08/423,512
operation, a new threshold value of a speed of brake pedal
actuation as a product of a factor dependent on the driving
situation and a fixed threshold value.
The examiner fails to show a teaching or suggestion of
the limitations in the prior art of record. Reichelt uses a
threshold value of a speed of brake pedal actuation.
Specifically, “it is checked in a first step 1 whether the
actuating speed of the brake pedal v has exceeded a
BP
predetermined first threshold value v . Col. 2, ll. 62-
BPthreshold1
65. Although v is used, it is not determined during
BPthreshold1
operation, let alone determined as a product of inter alia a
factor dependent on a driving situation. To the contrary, the
first threshold value is “predetermined.” Id. at l. 64.
Specifically, v is predetermined based on an “order of
BPthreshold1
magnitude of ... the maximum possible brake pedal angle.” Id.
at ll. 65-68. The predetermined first threshold value is “the
only criterion for initiating an automatic braking operation
....” Col. 5, ll. 7-8.
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