Appeal No. 2002-0470
Application No. 08/612,211
all of the examiner’s rejections on procedural grounds and
entered a new rejection of the appealed claims under 35 U.S.C.
§ 112, second paragraph. Appellants elected to go back before
the examiner for further prosecution. That further prosecution
resulted in the present appeal.
Appellants’ invention pertains to a method of controlling a
electric drive motor of a vehicle. A copy of the claims on
appeal can be found in the appendix to appellants’ main brief.
The references relied upon by the examiner in support of the
rejections made in the final rejection are:
Hawkins et al. (Hawkins) 4,365,189 Dec. 21, 1982
Ichihara et al.(Ichihara) 5,161,634 Nov. 10, 1992
Toyoda et al. (Toyoda) 5,289,890 Mar. 1, 1994
Nakashima et al. (Nakashima)5,471,384 Nov. 28, 1995
Koike et al. (Koike) 5,635,903 Jun. 3, 1997
Claims 1-3 and 6-8 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by each of Ichihara, Nakashima, Hawkins and
Toyoda.
Claims 4 and 5 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Ichihara, Nakashima, Hawkins or Toyoda in view
of Koike.
Reference is made to appellants’ main and reply briefs
(Paper Nos. 30 and 32) and to the examiner’s answer (Paper
No. 31) for the respective positions of appellants and the
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