Ex Parte PIETSCH et al - Page 5




              Appeal No. 2002-1866                                                               Page 5                
              Application No. 09/346,814                                                                               


              the prior art, discovering the optimum value of a workable range involves only routine                   
              skill in the art” (Answer, page 6).                                                                      
                     Wieder also is directed to a system for assisting the operator of a vehicle in                    
              approaching an obstacle while traveling in reverse.  The operation of the Wieder                         
              system is explained in the paragraph beginning at line 53 of column 4.  A basic                          
              difference between Wieder and the appellant’s system as recited in claim 21 is that                      
              Wieder discloses only two zones, and assigns a velocity value to only the outer of the                   
              two zones, where “the velocity of the vehicle cannot exceed the limit value” even if the                 
              operator were to specify a higher speed (column 5, lines 3-5).  Another difference                       
              resides in the manner in which the vehicle is controlled as it is brought toward the                     
              obstacle.  In the Wieder system, once into the inner of the two zones, braking force is                  
              applied to stop the vehicle (column 5, lines 5-8).  The driver then actuates an approach                 
              switch, and braking force and engine power are intermittently applied to cause the                       
              vehicle to move at a minimum speed toward the obstacle until a particular time has                       
              passed, at which time the driver deactivates the approach switch and the brakes are                      
              again applied to bring the vehicle to a stop (column 5, lines 12-17).  The approach                      
              switch then is activated by the driver once more, and the vehicle is moved rearward by                   
              the same intermittent operation of brakes and power until it has reached the obstacle,                   
              at which time the switch is deactivated for the final time and the brakes applied                        
              (column 5, lines 18-22).                                                                                 








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