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. - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007