Ex Parte BERGHOLZ et al - Page 2



          Appeal No. 2002-1867                                                         
          Application No. 08/859,635                                                   

          is adapted to a normal driving characteristic of a particular                
          driver in order to produce the intended spacing.                             

               Representative independent claim 1 is reproduced as follows:            
               1.  A method for spacing control for a vehicle having an                
          arrangement for determining an intended spacing from a vehicle               
          traveling in front based at least in part on the vehicle speed               
          and a normal driving style of a driver and utilizing a transfer              
          function comprising the step of:                                             
               adapting the transfer function to a normal driving style of             
          a particular driver to produce an intended spacing adapted to the            
          normal driving style of the driver.                                          
               The examiner relies on the following reference:                         
          Davidian       5,357,438                        Oct. 18, 1994                

               Claims 1, 2 and 12-14 stand rejected under 35 U.S.C. 103 as             
          unpatentable over Davidian.                                                  
               Reference is made to the brief and answer for the respective            
          positions of appellants and the examiner.                                    

                                       OPINION                                         

               With regard to independent claims 1 and 14, the examiner                
          asserts that Davidian discloses the claimed subject matter,                  

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