Ex parte KASHIMURA et al. - Page 6




          Appeal No. 1997-1071                                                         
          Application No. 08/350,119                                                   


               Akase suggests changing the threshold as a function                     
               (in response to) rpm and load (see the Abstract, for                    
               instance).  Given that this technique is known in                       
               the art, it would have involved only routine skill                      
               to change or correct the threshold used in a                            
               Maddock-like system, because load and rpm are known                     
               to affect the operation of any internal combustion                      
               engine, and thereby any measurements . . . made of                      
               that engine's operation.                                                
          Thus, the examiner apparently turns to Akase for correcting                  
          the threshold in response to rpm and load.  Although the                     
          examiner fails to specifically identify the referenced                       
          advantages to provide a motivation for changing or correcting                
          the threshold, since Maddock's threshold is updated each                     
          engine cycle in response to the engine speed, no such teaching               
          is necessary.                                                                
               The examiner comments (Answer, page 2) that Akase's                     
          threshold adjustment can be described "as either 'basing a                   
          threshold value on a look-up table which is indexed by engine                
          operating parameters such as load and RPM' or, equivalently,                 
          as 'correcting the threshold value based on changes in those                 
          parameters.'"  The examiner concludes (Answer, page 3) that                  
          "Akase DOES change the threshold used based on combustion                    
          state parameters (such as RPM and load)."  We agree that Akase               
          does change the threshold based on RPM and load, but we                      
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