Appeal No. 2001-0034
Application 08/944,807
software algorithm and an operational mode wherein the
transmission is manually shifted between the manually selectable
gear ratios.
What passes for the examiner’s analysis of the differences
between the appealed claims and the system of White, and the
examiner’s conclusions of obviousness with respect to those
differences, is found in the sentence spanning pages 3 and 4 of
the answer, which we reproduce below:
While White et al does not specifically disclose the
limitations in the same manner as claimed, it would
have been obvious to one skilled in the art at the time
of the invention to be motivated to modify the control
system of White et al because such modification will
provide maximum fuel economy and engine performance,
while minimizing driver’s fatigue and improving the
overall vehicle performance.
The examiner amplifies on this position at the bottom of
page 6 of the answer, wherein it is stated:
Contrary to Appellant’s assertion, White et al.
discloses the software algorithm being executed by a
control computer or electronic control unit. The
software is executed under certain conditions and
prohibited in others. See column 7. The White et al.
patent allows manual shifting in the automatically
selectable transmission gears. Appellant’s attention
is directed to columns 5, 7-12 of the White et al
patent.
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