Appeal No. 2003-0558 5
Application No. 09/477,601
The above cited portion of Taga’s specification states that the torque transmission
capacity Tc of the clutch 21 of the center differential device 10 is controlled
according to the value of the input torque Ti input to said four wheel drive
power transfer device 3 from the automatic speed change device 2. In other
words, as said torque Ti input to said four wheel drive power transfer device
3 increases, the transmission control device 45 controls the torque
transmission capacity Tc of the clutch 21 of the center differential device 10
to decrease it. [Col. 13, lines 57-64; emphasis added.]
While we are in accord with the examiner’s implied position that Taga’s step of
sensing the input torque Ti input to the power transfer device 3 and/or determining the
torque Tf applied to the front axle may be read on the determining step of claim 1, it is not
apparent to us, and the examiner has not explained, where Taga discloses comparing
said determined vehicle condition (Ti of Tf) to a predetermined value, such as Taga’s
torque value Tmax, in order to ascertain if the determined vehicle condition (Ti to Tf)
exceeds the predetermined value, as required by the comparing step of claim 1. As we
see it, Taga simply senses Ti and utilizes it to decrease Tc when Ti increases without
regard to whether or not Ti exceeds a predetermined value such as Tmax. Suffice it to
say, this does not equate to the comparing step of claim 1, which requires comparing a
determined vehicle condition to determine if it exceeds a predetermined value.
As to the examiner’s statement in the paragraph spanning pages 4-5 of the answer,
even if we were to agree with the examiner that the mode of operation described by Taga
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