Ex parte ROBICHAUX et al. - Page 10




          Appeal No. 97-0755                                        Page 10           
          Application No. 08/400,066                                                  


               Claim 14 is drawn to an apparatus for determining the                  
          number of cylinders to operate in a variable displacement                   
          engine.  The apparatus comprises, inter alia, an engine speed               
          sensor and a processor coupled to said engine speed sensor for              
          determining whether the variable displacement engine should be              
          operated on a fractional number of cylinders.  Claim 14                     
          further recites that the processor (1) infers a desired                     
          fractional manifold vacuum representative of as amount of                   
          vacuum required to accommodate the desired torque and the                   
          specific emissions calibration for the variable displacement                
          engine operating on a fractional number of cylinders, (2)                   
          stores recommendations for the number of cylinders to operate               
          in the variable displacement engine based on the present                    
          engine speed and the inferred desired fractional manifold                   
          vacuum, and (3) generates a present operating mode                          
          recommendation reflective of the present engine speed and the               
          inferred desired fractional manifold vacuum.                                


               Lipinski discloses a system for selecting the number of                
          cylinders to be operated in a multi-cylinder variable                       
          displacement internal combustion engine.  As shown in Figure                







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