Appeal No. 1997-1071
Application No. 08/350,119
disagree that Akase changes the threshold based on combustion
state parameters.
It appears that the examiner has viewed the phrase "combustion
state parameters" at the end of claim 1, for example, as any
engine parameter such as engine speed or load. However, as
indicated above, appellants clearly and specifically define
the phrase "combustion state parameter" in the claim as being
"a difference between revolution speed of the specific
cylinder and revolution speed of at least one of the other
cylinders" and not just any engine parameter. Maddock and
Akase each correct the threshold based on RPM, but neither
Maddock nor Akase discloses basing the change on the
combustion state parameters, as defined in appellants' claims.
Accordingly, the examiner has failed to address all of the
limitations of the claims. Consequently, we cannot sustain
the rejection of claims 1, 2, 5 through 7, and 9 through 15.
7
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