2006 Mercedes Benz E350 Transmission (computer?)

Car will take off and stay in Drive (1st gear) unexpectedly. It will rev up to 40-50 rpm at 35-40 mph without shifting, at times the check engine light will come on but not every time. At first there was nothing I could do. Dealer computer said replace battery, however, it is still doing the same thing. I discovered by trial and error that by stopping and turning off the ignition, waiting a few seconds and restarting, it will be fine until the next time. Help!