Ex Parte WADA - Page 4




          Appeal No. 2001-2278                                                        
          Application No. 09/304,267                                                  

               from “0” to “1.”  If the flag is found to have changed                 
               from “0” to “1,” step 502 is reached.  In step 502, the                
               CPU 32 sets the accumulated intake air quantity QASUM                  
               to “QACLO” and stores it.  The accumulated intake air                  
               quantity QASUM is an accumulation of the intake air                    
               quantity QA calculated since the start-up of the                       
               engine.  The calculation is performed by an accumulated                
               intake air quantity calculating routine shown in FIG.                  
               7.  In carrying out the routine of FIG. 7, the CPU 32                  
               checks in step 601 to see if the engine is started                     
               illustratively by turning on the ignition key.  If the                 
               engine is found to be started (ignition key=ON), step                  
               602 is reached.  In step 602, the CPU 32 updates the                   
               accumulated intake air quantity QASUM by adding to the                 
               current quantity QASUM the intake air quantity QA                      
               calculated on the basis of the readings from the air                   
               flow meter 28.  Although the first embodiment                          
               calculates the intake air quantity QA based on the                     
               readings of the air flow meter 28, this is not                         
               limitative of the invention.  Alternatively, the intake                
               air quantity QA may be estimated from the intake air                   
               pressure PM detected by the intake air pressure sensor                 
               and from the engine rotational speed Ne measured by the                
               rotational speed sensor 25.  The accumulated intake air                
               quantity QASUM is initialized to “0” at the start-up of                
               the engine.                                                            
                    With the accumulated intake air quantity QASUM                    
               stored in step 502, the CPU 32 goes to step 503 in                     
               which a check is made to see of the value “QACLO”                      
               exceeds a predetermined deterioration reference value                  
               QACDT.  If QACLO # QACDT, the CPU 32 terminates this                   
               routine immediately.  If QACLO > QACDT, the CPU 32                     
               enters step 504 in which the catalyst deterioration                    
               flag XCATDT is set to “1.”  In step 505, the CPU 32                    
               stores the deterioration information into the backup                   
               RAM 35 and executes a predetermined diagnostic process                 
               (e.g., illumination of the diagnostic lamp 29).                        
               In applying Yamashita against the appealed claims, the                 
          examiner says of the foregoing disclosure that “[e]lements                  
          corresponding to the engine load detector (column 10, lines 3-5),           
          accumulator (column 9, lines 61-62), comparator (column 10, lines           
          12-15) and catalyst deterioration determiner (column 10, lines              

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