Ex Parte Sato et al - Page 5


               Appeal No. 2006-0945                                                                                                
               Application No. 10/245,888                                                                                          
                    The second embodiment (Narita II) taught by Narita teaches the use of testing whether an air                   
               conditioner is off or on and adding an adjustment for the driving load of an air conditioner into                   
               the computation of the coasting lockup capacity.  As noted by both the Appellant and the                            
               examiner, this Narita embodiment does not specifically discuss learning capacity.                                   


                    It is clear that that the specific embodiment relying on the air conditioner load, shown in                    
               Narita Fig. 9, is different from the embodiment incorporating learning in look up tables , shown                    
               in Narita Figs. 5 to 7.                                                                                             


                   However, it is well settled that a reference is useable for what it would have taught or                        
               suggested to a person of ordinary skill in the art, and is not narrowly confined to the specific                    
               structures and procedures shown in the embodiments.  We note that Narita provides a suggestion                      
               for incorporating the features for each of these two embodiments, and that combining these                          
               features would have been well within the level of a person of ordinary skill in the art.                            


                   In particular, Narita provides the motivation for applying a learning look up table to                          
               determining coasting lock-up capacity as follows:                                                                   


                       Since the application capacity of the lock-up clutch determined for the coasting                            
                       drive is a fixed value previously obtained by experiments and others in the                                 
                       above-described embodiment, the application capacity cannot be a minimum                                    
                       lock-up clutch application capacity within such a range that no slip of the                                 
                       torque converter 3 occurs due to a difference in individual vehicles or a                                   
                       variation in driving conditions, and there may arise a problem that the above-                              
                       mentioned effects cannot be properly achieved.                                                              




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