Ex Parte PIETSCH et al - Page 7




              Appeal No. 2002-1866                                                               Page 7                
              Application No. 09/346,814                                                                               


                     From our perspective, the only suggestion to combine the references in the                        
              manner proposed by the examiner is found in the hindsight afforded one who first                         
              viewed the appellants’ disclosure.  It therefore is our conclusion that the combined                     
              teachings of Wieder and Shisgal fail to establish a prima facie case of obviousness with                 
              regard to the subject matter recited in claim 21, and we will not sustain the rejection of               
              claim 21 or of claims 23-35, which depend therefrom.                                                     
                     Independent claim 36 is directed to a device for assisting the driver of a vehicle                
              during reverse travel.  It contains all of the limitations recited in claim 21, and also                 
              stands rejected as being unpatentable over Wieder and Shisgal.  For the reasons set                      
              forth above in discussing the rejection of claim 21, we also will not sustain the rejection              
              of independent claim 36 and dependent claims 38, 39, 42-45 and 49-54.                                    
                     Independent apparatus claim 55 also stands rejected as being unpatentable over                    
              Wieder and Shisgal.  Claim 55 recites a distance sensor, an evaluating device which                      
              emits signals based upon signals received from the distance sensor, and a mechanism                      
              for influencing the speed of the vehicle in response to the evaluation signals,                          
                     wherein when the distance between the vehicle and the obstacle is great,                          
                     the speed of the vehicle is determined from a signal produced by a                                
                     rotational speed sensor which monitors the rotational speed of a wheel of                         
                     the vehicle; and                                                                                  
                     wherein when the vehicle is in the immediate vicinity of the obstacle, the                        
                     speed of the vehicle is determined from the rate of change of the distance                        
                     signal with respect to time.                                                                      








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