Ex Parte Smith et al - Page 7

          Appeal No. 2003-0530                                                        
          Application 09/598,815                                                      


          suggested same to a person having ordinary skill in the art.  The           
          examiner’s application of Rahman for its disclosure of a system             
          producing an alert indication perceptible to a vehicle occupant             
          does not cure this deficiency.                                              
              Therefore, we also shall not sustain the standing 35 U.S.C.             
          § 103(a) rejection of dependent claims 2, 9, 11, 18 and 21 as               
          being unpatentable over Jitsukata in view of Rahman.                        
                                      SUMMARY                                         
              The decision of the examiner to reject claims 1 through 24              
          is reversed.                                                                
                                     REVERSED                                         



                        IRWIN CHARLES COHEN           )                               
                        Administrative Patent Judge   )                               
                                                      )                               
                                                      ) BOARD OF PATENT               
                                                      )                               
                                                      )   APPEALS AND                 
                        LAWRENCE J. STAAB             )                               
                        Administrative Patent Judge   ) INTERFERENCES                 
                                                      )                               
                                                      )                               
                                                      )                               
                                                      )                               
                                                      )                               
                        JOHN P. MCQUADE               )                               
                        Administrative Patent Judge   )                               

          JPM/kis                                                                     

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