Appeal No. 2002-0470 Application No. 08/612,211 in favor of a second vehicle drive mode. The rejection based on Nakashima Nakashima teaches (Figure 16; column 9, lines 8-55) an output torque command calculating means 15 that combines signals from power performance switching means 18a, vehicle speed calculating means 12a, accelerator opening calculating means 13a, and drive mode means 21a to select an output torque map 16. The map is used to calculate the output torque for the drive motor 25. Nakashima’s method of calculating an output torque based on predetermined and pre-stored torque maps does not correspond to the method of claim 1 wherein the vehicle motor is controlled in the situation where an operator orders a second vehicle drive mode for canceling a first vehicle drive mode. In particular, the examiner has not pointed out, and it is not apparent to us, where Nakashima addresses making the actual output torque equal to the output torque ordered by the operator after the three conditions set forth in paragraph (d) of claim 1 are satisfied. On this basis, the rejection based on Nakashima will not be sustained. The rejection based on Hawkins 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007