Appeal No. 2000-0502
Application No. 08/890,438
a reference (predetermined) value; similarly, if the shift
lever is moved from the high-range to the low-range portion,
the range clutch 182 will only be moved from high to low
position if the vehicle speed is less than a predetermined
value (page 7, lines 20 to 31; Fig. 6 ). 4
Appellants do not explain in their brief how the
limitations questioned by the examiner are supported by their
disclosure, but simply state on page 3:
If the shift lever is sensed as being in a
range-high area of shift pattern while engaged
in a range-low ratio (1, 2, 3, 4, 5 [,] 6), this
is "sensing shift lever [sic: selector]
position[s] indicative of an operator intent to
shift [(a)] from a low-range ratio to a high-
range ratio."
Similarly, if the shift lever is sensed as
being engaged in a high-range ratio ("RANGEH?-
YES") with the lever in the low-range area
(LEVER IN RANGE LOW AREA-YES"), this is sensing
a lever position/movement indicative of an
operator intent to shift from a high-range ratio
to a low-range ratio.
These statements merely beg the question to be decided, and we
are not persuaded by them that the rejection was improper. As
discussed above, the application discloses a means for sensing
4We do not find any explanation in the specification of
the expression "M/S=N" in Fig. 6.
8
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