Ex parte SHULTZ - Page 10




          Appeal No. 1999-0365                                                        
          Application 08/601,724                                                      


          as applying a range of resistance loads to simulate dynamic                 
          driving conditions.  The examiner finds that it would have                  
          been obvious to the artisan to vary the resistance loads of                 
          Weeder by applying a range of such loads as taught by Sano                  
          [answer, pages 6-7].                                                        
          With respect to independent claims 19 and 49,                               
          appellant argues that the claimed application of a plurality                
          of resistance loads to the output element of the transmission               
          being tested is not taught or suggested by any of the art of                
          record.  Specifically, appellant argues that dynamic driving                
          conditions at the output element of the transmission cannot be              
          simulated as claimed by the applied prior art [brief, pages                 
          15-19].                                                                     














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