Appeal No. 97-0755 Page 14
Application No. 08/400,066
engine load and intake manifold pressure set forth by Lipinski
at column 4, lines 25-30. Accordingly, it is our
determination that an "inferred engine load" is directly
proportional to an "inferred desired fractional manifold
vacuum." Thus, when one skilled in the art infers the engine
load as taught by Lipinski, one is also inherently inferring
the desired fractional manifold vacuum.
The appellants' argument (brief, p. 3) that claim 14 is
not anticipated by Lipinski is unpersuasive for the following
reasons. First, claim 14 "reads on" Lipinski's system as set
forth above. Second, while Lipinski infers engine load and
therefore also infers desired fractional manifold vacuum from
sensing accelerator position, claim 14 does not exclude
utilizing the sensed accelerator position in inferring the
desired fractional manifold vacuum.
Claims 11 and 15 through 18 have not been separately
argued by the appellants. Accordingly, these claims will be
treated as falling with claim 14. See In re Young, 927 F.2d
588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991); In re
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