Ex Parte IKKAI et al - Page 5



          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                                              
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