Appeal No. 2004-0750 Page 2
Application No. 09/992,223
BACKGROUND
The appellants’ invention relates to a method for determining an amount of NOx
stored in an exhaust gas aftertreatment device (claims 1-11), a method for controlling a
lean-burn internal combustion engine (claims 12-14), and a system for controlling an
internal combustion engine (claims 15-19). An understanding of the invention can be
derived from a reading of exemplary claim 1, which appears in the appendix to the Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Takeshima et al. (Takeshima) 5,437,153 Aug. 1, 1995
Deeba et al. (Deeba) 6,105,365 Aug. 22, 2000
Kubo et al. (Kubo) 6,263,666 B1 Jul. 24, 2001
The following rejections stand under 35 U.S.C. § 103(a):
(1) Claims 1-3 and 5-11 on the basis of Kubo.
(2) Claim 4 on the basis of Kubo in view of Takeshima.
(3) Claims 12-14 on the basis of Kubo in view of Takeshima.
(4) Claims 15-19 on the basis of Deeba in view of Kubo.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we refer to the Answer (Paper
No. 8) for the examiner's reasoning in support of the rejections, and to the Brief
(Paper No. 7) and Reply Brief (Paper No. 10) for the appellants’ arguments
thereagainst.
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