Ex Parte ODER - Page 6




          Appeal No. 2002-1828                                                         
          Application 09/424,606                                                       


          described between first and second injection modes and includes              
          both transitional operation at a first change speed in the first             
          mode before the actual changeover point and transitional                     
          operation at a second change speed in the second mode immediately            
          following changeover, with gradual transition to normal second               
          mode operation.  At column 6, lines 12-24, it is made clear that             
               the air-fuel ratio transition means sets the first and                  
               second change speeds in dependence on a quantity of intake              
               air amount adjustment, which is effected by intake air                  
               amount adjusting means provided in the internal combustion              
               engine, for adjusting the intake air amount in accordance               
               with the output from the acceleration state detecting means.            
               In this case, the first and second change speeds can be set             
               to follow a control for increasing or decreasing the intake             
               air amount, so that the fuel injection amount can be changed            
               depending on the increasingly or decreasingly controlled                
               intake air amount.  As a result, it is possible to                      
               adequately prevent a change in the engine output torque upon            
               changeover the injection mode.                                          

          Although Iida ‘947 provides for transitional operation in                    
          both the first and second modes around the injection mode                    
          changeover point, we note that appellant’s claims on appeal do               
          not preclude additional transitional operation in the first mode             
          prior to the changeover point, and we emphasize again that Iida              
          ‘947 clearly provides for transitional operation of the second               
          mode initially upon switching from the first mode to the second              
          mode and then switches from transitional operation of the second             

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