Appeal No. 2005-1862 Page 4
Application No. 09/799,088
combine the relevant teachings of the references to arrive at the claimed invention. See
In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re
Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).
Claims 1, 4, 5, 8, 9, 12 to 14 and 16
We will not sustain the rejection of claims 1, 4, 5, 8, 9, 12 to 14 and 16 under
35 U.S.C. § 103.
The independent claims on appeal (i.e., claims 1, 5 and 9) are drawn to either a
pavement cross-slope measuring apparatus or a pavement cross-slope measuring
method. These claims recite in one manner or another (1) a ring-laser gyroscope
mounted in a vehicle for determining slope of the vehicle with reference to an imaginary
horizontal plane; (2) first and second pavement distance measurement devices
mounted on opposite sides of the vehicle for determining distance to the pavement on
opposite sides of the vehicle and thereby determining vehicle roll; (3) determining the
slope of the pavement by comparing the determined vehicle roll with the determined
slope of the vehicle; (4) a positional device mounted on the vehicle for determining
position of the vehicle on the roadway; and (5) recording the slopes and positions of the
vehicle on the pavement being measured.
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