Ex Parte BELLINGER et al - Page 3



          Appeal No. 2001-0034                                                        
          Application 08/944,807                                                      

               The sole reference cited in the final rejection against the            
          claims is:                                                                  
               White et al. (White)          Re. 36,186     Apr. 6, 1999              

               Claims 1, 4, 6, 8 and 9 stand rejected under 35 U.S.C. § 103           
          as being unpatentable over White.                                           

               White pertains to “[a] control system for controlling                  
          automatic shifting of a manual/automatic transmission . . .                 
          including a cruise control system and an auto-shift mode for                
          controlling automatic upshift and downshift operations between              
          the top two gears of a heavy duty truck transmission” (abstract).           
          In rejecting the appealed claims as being unpatentable over                 
          White, the examiner notes several of the similarities between the           
          system of White and that of the claims, including, a                        
          semiautomatic transmission having a number of manually selectable           
          gear ratios and a number of automatically selectable gear ratios,           
          a memory unit including a software algorithm for controlling                
          shifting between the number of automatically selectable gear                
          ratios, and a control computer for switching between an                     
          operational mode wherein the transmission is shifted between the            
          automatically selectable gear ratios under the control of the               
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