Appeal No. 2000-0865 Page 6
Application No. 08/910,822
torque value at a first rate of change until the desired
torque value is obtained or a preselected period of time
elapses; (3) when the current torque value does not correspond
to the desired torque value and the preselected period of time
has elapsed, changing the current torque value at a second
rate of change until the desired torque value is obtained.
However, these limitations are clearly not suggested by the
applied prior art. In that regard, while it may have been
obvious at the time the invention was made to a person having
ordinary skill in the art to modify the torque control system
of Takasaki by incorporating features of either the control
system of Kuriyama or the shift control system of Sakaki, we
see no suggestion in the applied prior art for modifying
Takasaki to arrive at the claimed invention. In fact, the
examiner never ascertained the differences between the applied
prior art and the claims at issue and never determined that it
would have been obvious to arrive at the claimed invention.
In our view, the only suggestion for modifying the
applied prior art to arrive at the claimed invention stems
from hindsight knowledge derived from the appellants' own
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