Appeal No. 2003-1869
Application 09/622,092
monitoring operation on a sensor is determined using inverse
mathematical models.
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
The examiner’s finding that the subject matter recited in
the appealed claims is anticipated by Mergenthaler rests on the
following analysis:
Mergenthaler et al. recognizes that most vehicle
functions are found by using other measured vehicle
operating variables and through the equations relating
them, the inverse mathematical models, can calculate
operating variables along with directly measuring them
to provide a validity test. . . . Mergenthaler et al.
does not mention using characteristic diagrams, but
equations relating different variables [are] equivalent
to the actual diagrams since the diagram is just a map
of specific values plugged into the original equation,
i.e. a graph of the equation [final rejection, page 3].
In response to the appellants’ position that Mergenthaler
does not disclose the use of characteristic diagrams, the
examiner submits that “[t]he issue in this application can be
summarized as a question of whether an equation and the
characteristic diagram that represents that equation are
3
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