Ex parte YOSHIKAWA et al. - Page 8




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


          driving state of said driver is normal, based on said lateral               
          deviation behavior amount.”  Appellants’ independent claim 12               
          recites “means for determining whether the driving state of                 
          the driver is abnormal based on said lateral deviation                      
          behavior amount.”                                                           
               Turning to Appellants’ specification, page 6, line 13,                 
          through page 10, line 25, we find that the corresponding                    
          structure relates to a microcomputer 1 having functions which               
          are represented as functional blocks as shown in figure 1.                  
          This corresponding structure of the driving state determining               
          means  determines whether the driving state of the driver is                
          normal, irrespective of road surface conditions and                         
          differences in the driving skill between individual drivers.                
          Such determination are made based on lateral deviation                      
          behavior amounts, and on behavior references parameters shown               
          in figure 2b.                                                               
               In view of the requirement of 35 U.S.C. § 112, sixth                   
          paragraph, which requires us to interpret Appellants’ claimed               
          driver’s state determining means based upon the corresponding               
          structure as described in Appellants’ specification, we fail                


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