Ex Parte WILLIAMS - Page 7




                  Appeal No. 2003-0558                                                                                                7                   
                  Application No. 09/477,601                                                                                                              


                           As to the standing rejection of claim 6 as being unpatentable over Taga in view of                                             
                  Fanti, we appreciate that Fanti discloses a control device for a vehicle with a                                                         
                  disengageable four wheel drive, wherein the control device may compare vehicle                                                          
                  acceleration to a stored value to disengage one of the sets of wheels from the drive train.                                             
                  It is not apparent to us, and the examiner has not adequately explained, how this teaching                                              
                  could be incorporated into the overall scheme of Taga to arrive at the claimed subject                                                  
                  matter as a whole.  Accordingly, we also cannot sustain the standing rejection of claim 6                                               
                  as being unpatentable over Taga in view of Fanti.                                                                                       
                           The decision of the examiner is reversed.                                                                                      
                                                                      REVERSED                                                                            




                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             LAWRENCE J. STAAB                                     )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      
                  LJS/dal                                                                                                                                 







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