Appeal No. 2003-1531 Page 7
Application No. 09/772,274
determined that the driver is drowsy, certain steps are taken to increase the awareness
of the driver and Brownlee discloses that increasing the oxygen level in the vehicle cab
increases the awareness of the driver (col. 1, lines 39 to 44). Therefore, it would have
been obvious to pump oxygen into the Kawakami vehicle cab when it was determined
that the driver is drowsy.
In regard to claim 23, we agree with the appellant that there is no teaching or
suggestion for utilizing a climate control system to pump oxygen into the vehicle cab.
The system 20 of Brownlee identified by the examiner as a climate control system is a
system to monitor and control the oxygen level in the vehicle cab not a system to
control the climate in the vehicle cab (col. 2, lines 40 to 50). Therefore, we will not
sustain the rejection of claim 23.
In summary, the examiner’s rejection under 35 U.S.C. § 103 of claims 19 to 22
and 24 is affirmed. The examiner’s rejection under 35 U.S.C. § 103 of claim 24 is
reversed.
CONCLUSION
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