Appeal No. 2000-0502
Application No. 08/890,438
only upon sensing (a) said shift selector
position indicative of an operator intent
to shift from a high-range ratio to a low-
range ratio and (b) the magnitude of said
third input signal being less than a first
reference.
The examiner takes the position that (final rejection, page
2):
The subject matter of a controller commanding a
shift into low only upon "sensing [(a) said]
shift selector position indicative of an
operator intent to shift [] from [a] high range
ratio to a low range ratio", "sensing [(c) said]
shift selector position indicative of an
operator intent to shift [] from [a] low-range
ratio to a high-range ratio", "range shift
sensing means for sensing a shift lever movement
indicative of an operator intent to shift. . ."
[ ] lack support in the originally filed2
application. This is a new matter rejection.
As further indicated on page 3 of the examiner’s answer, the
examiner considers that there is no written description
support for the recitations of sensing shift selector
positions "indicative of an operator intent to shift."
In the present case appellants have not pointed out, nor
do we find, where in their application as filed there is any
2These quotations are taken from claim 21, lines 18 and
19, claim 22, lines 2 and 3, and claim 24, lines 6 to 8,
respectively.
4
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