Ex Parte EBELING et al - Page 4




          Appeal No. 2003-1869                                                        
          Application 09/622,092                                                      


          equivalent, and one and the same” (answer, page 3).  According to           
          the examiner:                                                               
               Appellant’s [sic, Appellants’] assertion that the                      
               characteristic diagram [recited in the appealed claims]                
               and the invertible mathematical function of the prior                  
               art are separate and distinct is just not convincing.                  
               If a motor vehicle controller contains a characteristic                
               diagram it is actually the mathematical description of                 
               the diagram, i.e. the mathematical function or                         
               equation.  You can’t actually store a diagram in a                     
               controller, per se, it needs to be described by                        
               mathematical terms [answer, page 5].                                   
               Arguably, the examiner’s contention that characteristic                
          diagrams of the sort recited in the appealed claims are stored in           
          a mathematical context is, in a general sense, well taken.  The             
          examiner has not provided any evidence, however, to support the             
          rather dubious proposition that all stored mathematical models              
          involving three variables represent to characteristic diagrams              
          stored in an X,Y,Z cartesian coordinate system.  While                      
          Mergenthaler does disclose the use of stored inverse mathematical           
          models to obtain a vehicle sensor reference variable which is a             
          function of two other variables, the examiner has failed to                 
          cogently explain, and it is not apparent, how or why this                   
          reference teaches that such mathematical models embody                      
          mathematically invertible characteristic diagrams stored via                
          support points in an X,Y,Z cartesian coordinate system and used             
          in a reverse interpolation step as recited in independent claims            

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