Ex Parte LUTZ et al - Page 2




              Appeal No. 2002-1574                                                                Page 2                
              Application No. 09/280,921                                                                                


                                                   BACKGROUND                                                           
                     The appellants’ invention relates to a device and method for controlling at least                  
              one operating-dynamics variable of a vehicle in a closed loop.  An understanding of the                   
              invention can be derived from a reading of exemplary claims 1 and 20, which have                          
              been reproduced in the appendix to the Brief.                                                             
                     The single prior art reference of record relied upon by the examiner in rejecting                  
              the appealed claims is:                                                                                   
              Jonner et al. (Jonner)                    5,826,950                   Oct. 27, 1998                       
                     Claims 1, 2, 17-21 and 23-25 stand rejected under 35 U.S.C. § 102(e) as being                      
              anticipated by Jonner.                                                                                    
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejection, we make reference to the Answer                       
              (Paper No. 20) for the examiner's complete reasoning in support of the rejection, and to                  
              the Brief (Paper No. 19) and Reply Brief (Paper No. 21) for the appellants’ arguments                     
              thereagainst.                                                                                             
                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellants’ specification and claims, to the applied prior art reference, and to the                  
              respective positions articulated by the appellants and the examiner.  As a consequence                    
              of our review, we make the determinations which follow.                                                   








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