Ex Parte IKKAI et al - Page 4



          Appeal No. 2002-0470                                                        
          Application No. 08/612,211                                                  

          movement of the accelerator as called for in step (d) of claim 1            
          after the three conditions set forth in step (d) are satisfied.             
          The three conditions are: (1) the actual vehicle moving condition           
          becomes in compliance with a second vehicle drive mode, (2) a               
          second vehicle drive mode is ordered by the operator for                    
          canceling a first vehicle drive mode, and (3) the output torque             
          of the vehicle drive motor ordered in accordance with the                   
          movement of the accelerator is decreased to not more than a                 
          decreased actual output torque of the vehicle drive motor.  Among           
          other things, Ichihara does not consider the situation where the            
          operator orders a second vehicle drive mode for canceling a first           
          vehicle drive mode.  On this basis, the rejection based on                  
          Ichihara will not be sustained.                                             
               The examiner’s comments on page 6 of the answer regarding              
          Ichihara have been considered.  Like appellants, we do not                  
          consider the target speed of Ichihara, which is derived by the              
          controller 100 based on signals from change speed lever 11,                 
          backward/forward changeover switch 13, and accelerator lever 13,            
          to be comparable to one of appellants’ drive modes (e.g.,                   
          forward, reverse, neutral, park).  Likewise, we do not consider             
          changes in the target speed of Ichihara to be comparable to                 
          appellant’s condition of an operator canceling a first drive mode           
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