Ex Parte WADA - Page 5




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

          17-22) as claimed are included” (answer, page 2).  In other                 
          words, the examiner considers the claim limitations relating to             
          the “engine load detector” to be met by Yamashita’s disclosure              
          that “the first embodiment calculates the intake air quantity QA            
          based on the readings of the air flow meter 28,” the claim                  
          limitations relating to the “accumulator” to be met by                      
          Yamashita’s disclosure that “the [QASUM] calculation [by CPU 32]            
          is performed by an accumulated intake air quantity calculating              
          routine shown in FIG. 7," the claim limitations relating to the             
          “first comparator” to be met by Yamashita’s disclosure that                 
          “[w]ith 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            
          if the value ’QACLO’ exceeds a predetermined deterioration                  
          reference value QACDT,” and the claim limitations relating to the           
          “catalyst deterioration determiner” to be met by Yamashita’s                
          disclosure that “[i]f 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).”                            
               As framed by the appellant, the dispositive issue with                 
          respect to the examiner’s rejection is whether Yamashita responds           
          to the relationship set forth in claim 1 between the “parameter             
          values” which are arithmetically determined by the engine load              

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