Ex Parte WELLNHOFER et al - Page 5




                 Appeal No. 1996-3356                                                                                                              
                 Application No. 08/235,668                                                                                                        


                 a whole do encompass this subject matter.   Independent claim 1 recites “reading in the                                           
                 sensor output signals and determining the individual components periodically at intervals                                         
                 of one read-in period or one determination period being equal to or a multiple of the output                                      
                 period of the actuating variable.”   While it appears that appellants intended this limitation                                    
                 to reference that multiple determination periods are used at the same time for different                                          
                 individual components, the use of alternative language allows all of the periods to be the                                        
                 same.  This is taught by Hartford.  Hartford also teaches at column 312 that the read-in                                          
                 period also varies with or depends on the engine speed.  Therefore, Hartford teaches                                              
                 sampling all of the components at the same frequency and that the frequency may vary.                                             
                         With respect to  the limitation “adjusting the determination period of each individual                                    
                 component to be dependent on the read-in periods of the sensor output signals involved in                                         
                 each individual component,” we find that Hartford does not teach or fairly suggest                                                
                 adjusting the determination period of each individual component to be dependent on the                                            
                 read-in periods of the sensor output signals involved in each individual component.  While                                        
                 Hartford discloses the change of frequency of the read-in period as the engine speed                                              
                 increases, we find no teaching that the adjusting of the determination period would be                                            
                 made for each individual component based upon the read-in periods of the sensor output                                            
                 signals involved in each individual component rather than the engine speed.  Therefore,                                           
                 Hartford teaches the use of each individual component for the sensor output at that time                                          



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