Ex parte YOUNGER - Page 5




          Appeal No. 2000-1743                                                        
          Application No. 09/314,618                                                  


          obviousness-type double patenting that a terminal disclaimer                
          will be filed to obviate these rejections upon final                        
          disposition of the instant appeal.  Given that no such                      
          terminal disclaimer has as of yet been filed by appellant and               
          no argument made with respect to these grounds of rejection,                
          and the fact that appellant has indicated that he "does not                 
          contest the obviousness-type double patenting rejections                    
          raised against claims 1-8 in the final action," we summarily                
          sustain the examiner's rejections of claims 1 through 8 based               
          on obviousness-type double patenting.                                       


          Regarding the examiner's rejection of claims 1 through 6                    
          and 8 under 35 U.S.C. § 102(b) based on the Bouda patent, we                
          note that claim 1 on appeal sets forth a method for modifying               
          hydraulic circuitry of an automotive transmission comprising                
          the step of                                                                 
               providing a fluid flow path from said manual valve                     
               to a predetermined end of said "1 - 2" shift valve                     
               for applying a fluid pressure to said predetermined                    
               end of said "1 - 2" shift valve sufficient to                          
               maintain said  "1 - 2" shift valve in a downshifted                    
               position whenever said gear selector is in a first                     
               gear position without regard to the actual speed of                    
               a vehicle in which said transmission is installed.                     

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