Ex parte YOUNGER - Page 7




          Appeal No. 2000-1743                                                        
          Application No. 09/314,618                                                  


          spring (no reference numeral) which is provided at an end of                
          the 1-2 shift valve opposite the predetermined end for urging               
          the 1-2 shift valve into an upshifted position."                            


          Having carefully reviewed the disclosure of the Bouda                       
          patent and appellant's arguments in the brief and reply brief,              
          we must agree with appellant that the Bouda patent does not                 
          anticipate the method as set forth in claims 1 through 8 on                 
          appeal.  More particularly, we observe that the factual                     
          findings made by the examiner (as noted above) relative to the              
          operation of the 1-2 shift valve of the transmission in the                 
          Bouda patent are incorrect.  In discussing the "HYDRAULIC                   
          CONTROL CIRCUIT" in columns 3 and 4, the Bouda patent makes                 
          clear that port (a) of select valve (61) is communicated with               
          the pressure line (101) from the pump (50) when the gear                    
          selector lever is in the "1" position and that port (a) is                  
          further connected to the line (111) which is branched at an                 
          end portion thereof into a first pilot line (102), a second                 
          pilot line (103) and a third pilot line (104).  The Bouda                   
          patent goes on to indicate that                                             


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