Appeal No. 1997-1071
Application No. 08/350,119
defined as "the average of the individual deviations DEV(i)"
(Maddock, column 5, lines 66-67), DEV(i) is a period deviation
"calculated for each engine cylinder in response to a
difference between the periods measured for a respective
cylinder" (Maddock, column 5, lines 8-11), and "[t]he measured
periods and engine speed are inversely related" (Maddock,
column 5, lines 17-18). In other words, DEVAVG is a function
of the engine speed for a given cycle, and, therefore, the
threshold is based on the engine speed for that cycle.
Changes in engine speed from engine cycle to engine cycle
therefore will result in modifications or corrections of the
threshold. Accordingly, claim 8 is met by Maddock, with the
application of Akase merely being cumulative. Therefore, we
will affirm the rejection of claim 8.
As to the remaining claims, the examiner states (Final
Rejection, page 3) that "Akase is an example of a reference
suggesting correcting a misfire threshold in response to RPM"
and that it would have been obvious "to apply this broad
teaching to Maddock et al. in order to gain well-known
advantages such as taught by the reference." The examiner
further explains (Final Rejection, pages 2-3) that:
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