Ex parte IWASAKI et al. - Page 7




          Appeal No. 1996-3507                                                        
          Application 08/041,209                                                      


          characteristics of said shock absorbers are maintained at a                 
          preselected high damping coefficient within the range between               
          the preselected higher and lower damping coefficients when the              
          vehicle speed is substantially zero and the vertical speed is               
          below a preselected threshold value for a preselected period                
          of time.                                                                    

               Claim 1, by calling for the higher damping                             
          characteristics to be selected and maintained whenever the                  
          vehicle speed is substantially zero, is directed to the                     
          squatting control routine (Fig. 13) employed in the first                   
          embodiment of appellants' control system, wherein selection of              
          the higher damping coefficients is based solely on the                      
          condition of a substantially zero vehicle speed.  As conceded               
          by counsel at the oral hearing, this means that dependent                   
          claim 2, which calls for selection of the higher                            
          damping coefficients to be based on a combination of a                      
          substantially zero vehicle speed and a "vehicle attitude                    
          change . . . below a preselected degree," fails to further                  
          limit claim 1, as required by 35 U.S.C. § 112, fourth                       
          paragraph.  The same criticism applies equally to the claims                
          that depend on claim 2, i.e., claims 3, 4, 6, and 7.  We leave              
          it to the examiner to consider entering a rejection of these                
          claims under § 112, fourth paragraph, following this appeal.                
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