Appeal No. 97-0755 Page 13
Application No. 08/400,066
determined that a system according to the present
invention may be operated with stored load values for
either fractional or maximum operation. Processor 10A
also contains stored values for engine load as a function
of engine speed at wide open throttle. Processor 10A
infers engine load by determining the percentage of wide
open throttle engine load corresponding with the engine
load demanded by the driver, as indicated by the sensed
accelerator control position. The wide open throttle
load and the loading governed by the accelerator control
are compared at the same engine speed. In effect,
processor 10A determines the extent to which the engine
is being loaded, up to and including the wide open
throttle load. The result of this comparison, which is a
fraction having a value less than or equal to one, is
entered into one of two look-up tables, with each having
two dimensions shown in FIG. 2. The look-up tables have
inferred engine load and engine speed as independent
variables. The lookup tables correspond to fractional
and maximum operation. In block 110, processor 10A
compares the values for inferred engine load and engine
speed with the table values to determine whether maximum
operation or fractional operation is indicated.
In our opinion, claim 14 is anticipated since each and
every element set forth in claim 14 is found, either expressly
or inherently described, in Lipinski. In that regard, it is
our determination that the recitation in claim 14 that the
processor infers a desired fractional manifold vacuum "reads
on" Lipinski's disclosure of inferring engine load based on
the accelerator control position and engine speed. We reach
this conclusion based upon the well-known relationship between
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