Ex parte YOSHIKAWA et al. - Page 3




                     Appeal No. 1998-2869                                                                                                                                              
                     Application 08/453,496                                                                                                                                            


                                lateral deviation behavior amount-calculating means for                                                                                                
                     calculating a lateral deviation behavior amount of said                                                                                                           
                     automotive vehicle, based on said behavior parameter, said                                                                                                        
                     behavior reference parameter, and said speed of said                                                                                                              
                     automotive vehicle;                                                                                                                                               

                                driving state-determining means for determining whether                                                                                                
                     or not said driving state of said driver is normal, based on                                                                                                      
                     said lateral deviation behavior amount; and                                                                                                                       
                                abnormality-determining means responsive to at least a                                                                                                 
                     determination by said driving state-determining means that                                                                                                        
                     said driving state of said driver is not normal, for                                                                                                              
                     determining that said driving state of said driver is                                                                                                             
                     abnormal.                                                                                                                                                         
                                The references relied on by the Examiner are as follows:                                                                                               
                     Shiraishi et al. (Shiraishi ‘657)                                                     4,996,657                                  Feb.                             
                     26, 1991                                                                                                                                                          
                     Shiraishi et al. (Shiraishi ‘636)                                                     5,001,636                                  Mar.                             
                     19, 1991                                                                                                                                                          
                                Claims 1, 12 and 17 through 20 stand rejected under                                                                                                    
                     35 U.S.C. § 102 as being anticipated by Shiraishi ‘636.  Claim                                                                                                    
                     16 stands rejected under 35 U.S.C. § 103 as being unpatentable                                                                                                    
                     over Shiraishi ‘636 in view of Shiraishi ‘657.                                                                                                                    
                                Rather than repeat the arguments of Appellants or the                                                                                                  
                     Examiner, we make reference to the briefs  and answer for the                           1                                                                         

                                1 Appellants filed an appeal brief on June 27, 1997.                                                                                                   
                     Appellants filed a reply brief on September 29, 1997.  The                                                                                                        
                     Examiner mailed an office communication on December 22, 1997                                                                                                      
                     stating that the reply brief has been entered and considered                                                                                                      
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