Ex parte YOUNGER - Page 9




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


          Bouda patent that the 1-2 shift valve (63) is maintained in a               
          downshifted position (1st gear) when there is little or no                  
          fluid pressure being applied to line (102a) or to the right-                
          hand end of the valve as seen in Figure 1B (i.e., when the                  
          solenoid valve 51 is deenergized and the fluid exits at drain               
          line 105).  When the solenoid valve (51) is energized it                    
          closes drain line (105) and produces pilot pressure in the                  
          line (102, 102a) to move the shift valve (63) from its right                
          position to its left position to thereby effect shift                       
          operations (i.e., to allow an upshift of the transmission from              
          1st gear to 2nd gear).  In this regard, the method as                       
          disclosed in Bouda is completely different than that set forth              
          in appellant's claim 1 on appeal.                                           


          As for the means for urging the 1-2 shift valve into an                     
          upshifted position as set forth in appellant's claim 3 and the              
          method step therein, we again note that the operation of the                
          transmission in Bouda regarding the 1-2 shift valve is                      
          entirely different than that required in appellant's claim 3                
          on appeal. See pages 3-5 of appellant's reply brief for the                 
          detailed reasoning.  For similar reasons, we also agree with                
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