Appeal No. 2002-1641
Application No. 09/276,213
While Ghoneim does mention comparing wheel slip values from
current and previous control cycles to determine if wheel slip is
increasing or decreasing, it does so in the context of attempting
to operate the system therein at a condition where the wheel slip
is at or near the critical slip for the particular road condition
at each wheel so that the wheel/road tractive force is maximized.
Nothing in Ghoneim mentions or addresses suppression of wheel
vibrations during ABS or ASR modes of operation, or ascertaining
a tendency of a characteristic of the slippage during wheel
vibration so that the braking force applied during such vibration
can be influenced as a function of the ascertained tendency.
Thus, even if combined with Schaefer, it does not appear that
appellant's claimed method and device would be the result.
Like appellant, it is our view that the examiner's position
on obviousness in this rejection represents a classic case of the
examiner using impermissible hindsight derived from appellant's
own disclosure and claims in an attempt to reconstruct the
claimed subject matter. In that regard, we share appellant's
view that there is no motivation or suggestion in the applied
references which would have reasonably led one of ordinary skill
in the art to a modification of the system in Schaefer based on
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