Appeal No. 1998-0675 Page 8
Application No. 08/423,512
Relying on Rump to “disclose[] that a threshold which
relates to a speed of brake pedal actuation is indeed used[,]”
(Examiner's Answer at 6), the examiner fails to allege, let
alone show, that the secondary reference cures the deficiency
of Reichelt. Because the latter reference predetermines
v based on an order of magnitude of the maximum possible
BPthreshold1
brake pedal angle, we are not persuaded that the reference
discloses or would have suggested the limitations of
“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 ....” Therefore, we
reverse the rejection of claims 1, 2, 7, and 8 as being
obvious over Reichelt and of claims 3-6, 9, and 11-17 as being
obvious over Reichelt in view of Rump.
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