Ex parte KASHIMURA et al. - Page 4




          Appeal No. 1997-1071                                                         
          Application No. 08/350,119                                                   


          each claim, the phrase "combustion state parameter" is defined               
          in the first paragraph of the claim as "a difference between                 
          revolution speed of the specific cylinder and revolution speed               
          of at least one of the other cylinders."  Claim 8, on the                    
          other hand, recites a means for correcting the threshold level               
          "by a value which is a function of said engine revolution                    
          speed."                                                                      
               The examiner states (Final Rejection, page 3) that                      
          "Maddock et al. suggest the limitations of claim 1, except for               
          correcting the threshold."  Appellants likewise assert (Brief,               
          page 10) that Maddock "do[es] not make any provision for                     
          correcting the threshold value."  Maddock, however, discloses                
          in column 6, lines 14-17, that "the first threshold T1 is                    
          empirically determined and, in the preferred embodiment, it is               
          equal to one-half the                                                        


          magnitude of the deviation average DEVAVG for that engine                    
          cycle."  Thus, since DEVAVG is calculated and may change for                 
          each engine cycle, and since the threshold level is one half                 
          of DEVAVG, the threshold level likewise is calculated and may                
          change (or is updated) each engine cycle.  Further, DEVAVG is                
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