Ex parte ARAI - Page 7




            Appeal No. 2000-2115                                                                         
            Application No. 08/633,564                                                                   


            provided disclosure of an alternative embodiment of the                                      
            invention that is not shown in the drawings.  In this                                        
            alternative embodiment, it is noted that "a torque sensor may                                
            be mounted on a shaft of the front wheels 1 to thereby                                       
            directly detect the driving torque of the front wheels 1"                                    
            (page 7, lines 20-24).  With the sensors for detection of the                                
            driving torque of the front wheels serving as the "means for                                 
            detecting a driving torque of the set of engine-driven wheels"                               
            set forth in claim 1 on appeal and providing an input to the                                 
            "control means" set forth in claim 1, we conclude that one                                   
            skilled in the art could readily make and use the claimed                                    
            invention without undue experimentation.                                                     


            Since our review of appellant's specification reveals                                        
            adequate guidance to enable the skilled artisan to make and                                  
            use the claimed invention without undue experimentation, it                                  
            follows that the examiner's rejection of claims 1 and 2 under                                
            35 U.S.C.                                                                                    
            § 112, first paragraph, as being directed to a non-enabling                                  
            disclosure will not be sustained.                                                            


                                                   7                                                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007