Ex Parte Gady et al - Page 4

              Appeal 2006-1399                                                                       
              Application 10/666,712                                                                 
              first and second axle output shafts within a common rotational speed range if          
              the rotational speeds of the first and second axle output shafts differ from           
              each other by a predetermined amount.  The Appellants further contend that             
              Yasuda does not disclose that the controller activates the clutch mechanism            
              to couple the first and second axle output shafts during wheel slippage when           
              the rotational speeds are within the common rotational speed range.                    
                                                                                                    
                                              ISSUES                                                 
                    The first issue in the case is whether the Appellants have shown that            
              the Examiner erred in determining that Appellants’ Specification does not              
              disclose coupling the first and second axle output shafts together only during         
              a wheel slippage condition.                                                            
                    The second issue is whether Yasuda discloses a controller that first             
              determines whether there is wheel slippage and if there is wheel slippage,             
              generates a control signal to bring the rotational speeds of a first axle output       
              shaft and a second axle output shaft within a common rotational speed range            
              and engages the second axle output shaft when the rotational speeds are                
              within the common rotational speed range.                                              

                                        FINDINGS OF FACT                                             
                    Appellants invented an automatic axle traction control system.  The              
              specification teaches that in prior art devices, automatic controlled                  
              engagement and disengagement of the front axle is initiated independent of             
              ground conditions.  Therefore, the engagement of the front axle may be                 
              poorly timed to maintain the vehicle tractive effort and may lead to                   
              unnecessary engagement of the front axle resulting in additional wear of the           

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