Ex Parte Baeuerle - Page 7



           Appeal No. 2006-1094                                                                      
           Application No. 09/976,788                                                                


           value of input torque.  Second, we find that one of ordinary skill in the field of        
           appellant’s invention would have been familiar with at least basic concepts of            
           mechanical engineering and engine design and we take notice of the notoriously            
           well known and basic mechanical engineering concept that every engine has a               
           characteristic speed-torque curve, as illustrated by Marks’ Mechanical Engineers’         
           Handbook, Eighth Edition, p. 9-87, Fig. 11 (McGraw-Hill 1978) (copy attached              
           hereto).  We thus find that the examiner’s position that the engine speed or RPM          
           measured by Cowan and used in calculating the desired slip is indicative of engine        
           torque applied as input to the torque converter is well taken.  Further, Cowan’s          
           discussion of allowing torque transients, or rapid increases or decreases in torque,      
           merely describes the type of torque transients inherent in a closed-loop control          
           system and is in no way an indication that torque is disregarded in Cowan’s               
           system.  Finally, on the basis of the above findings, we conclude that Cowan’s            
           electronic control system, which calculates desired slip using a signal generated by      
           the measurement of engine speed, selects the setpoint or desired slip value “taking       
           into account the input torque” currently applied to the torque converter.                 
                 In light of the above, we shall sustain the rejection of claim 1 as being           
           anticipated by Cowan.  We shall also sustain the like rejection of claims 2-30,           
           which stand or fall with representative claim 1, as discussed above.                      

                                           CONCLUSION                                                

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