Appeal No. 2001-0034
Application 08/944,807
is simply to broad to be informative as to where White teaches
this mode of operation. Contrary to the examiner, we read White
in the same manner as appellants as providing only for automatic
shifting of automatically selectable gear ratios. Support for
this position is found in White at, for example, column 5, line
64, through column 6, line 4; column 6, lines 19-32; column 6,
lines 39-50; and column 8, lines 25-33. In that we are unaware
of any teaching or suggestion in White of inhibiting execution of
the software algorithm such that the automatically selectable
gear ratios are manually selectable as called for in claim 1, and
in that the examiner has failed to direct us as to where any such
teaching or suggestion might by found in White, we must agree
with appellants that this claimed feature is not taught or
suggested by White. This constitutes an additional reason
necessitating reversal of the examiner’s rejection of the claims
1, 4, 6, 8 and 9.
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