Appeal No. 2005-2289 Page 2
Application No. 10/064,508
BACKGROUND
The appellants' invention relates to an engine control method and engine control
structure for a vehicle and more particularly to an improved engine control that prevents
unwanted transmission action such as clutch chatter (specification, p. 1). A copy of the
claims under appeal is set forth in the appendix to the appellants' brief.
Claims 1, 5, 7 to 9 and 11 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by U.S. Patent No. 5,681,239 to Toukura.
Claims 1, 5, 7 to 9 and 11 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by U.S. Patent No. 6,343,586 to Muto et al. (Muto).
Claims 1 to 9 and 11 stand rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over claims 1-18 of U.S.
Patent No. 6,701,893 to Isoda et al. (Isoda).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the answer
(mailed March 28, 2005) for the examiner's complete reasoning in support of the
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