Ex Parte Gady et al - Page 6

              Appeal 2006-1399                                                                       
              Application 10/666,712                                                                 
                    Yasuda discloses a device to engage a front wheel shaft when wheel               
              slippage is determined (Yasuda, col. 3, lines 6-10).  Wheel slippage is                
              determined by calculating a slippage ratio S using the equation: S=(VTFR+              
              VTFL-VTRR–VTRL)/2, where VTFR is the front right wheel speed, VTFL                     
              is the front left wheel speed, VTRR is the rear right wheel speed and VTRL             
              is the rear right wheel speed (Yasuda, col. 3, ll. 56-64).  If the slippage ratio      
              S is above a threshold value, STH, it is determined that there is wheel                
              slippage, and the front axle is engaged (Yasuda, col. 3, ll. 28-33; col. 4, ll.        
              19-27).                                                                                
                    Yasuda does not include 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.                                                                

                                            ANALYSIS                                                 
                    In regard to issue one, it is our determination that Appellants’                 
              Specification discloses that the front axle is engaged only during wheel               
              slippage.  While it is true that Appellants’ Specification discloses that it may       
              be difficult to determine when wheel slippage ends, the Specification                  
              nonetheless discloses that once it is determined, by whatever method, that             
              there is no wheel slippage, the front axle is disengaged.  As such, in our             
              view, the subject matter recited in claims 34 and 35 is disclosed in the               
              Specification in a manner which complies with the first paragraph of 35                
              U.S.C. § 112.                                                                          

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