Ex parte SHULTZ - Page 11




          Appeal No. 1999-0365                                                        
          Application 08/601,724                                                      


          We agree with appellant that a range of resistance                          
          loads to simulate dynamic driving conditions as recited in                  
          claims 19 and 49 is not taught or suggested by the applied                  
          prior art for the reasons set forth by appellant in the main                
          brief.  Therefore, we do not sustain the rejection of                       
          independent claims 19 and 49 or of the claims which depend                  
          therefrom.                                                                  
          In summary, we have not sustained any of the                                
          examiner’s rejections of the appealed claims.  Therefore, the               
          decision of the examiner rejecting claims 1-20, 29, 31, 38-47,              
          49, 59, 61, 63-68 and 72-77 is reversed.                                    
          REVERSED                                                                    





                                                       )                              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge )                                
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOSEPH F. RUGGIERO            )                              
                         Administrative Patent Judge )   APPEALS AND                  
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
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