Ex Parte Sommer - Page 6



             Appeal 2007-1344                                                                                  
             Application 10/045,789                                                                            
                          to control unit 50. In control unit 50, the proper control                           
                          program for the vehicle control is executed. Many                                    
                          parameters or engine characteristics maps can be                                     
                          determined from the version coding in the manner                                     
                          described here.                                                                      
                   (Specification 3:8-20).                                                                     
                   4. Vehicle version coding contains information regarding the vehicle                        
                      version, i.e., information regarding the vehicle allocated to the controller.            
                      “The information may include the presence, type and nature of individual                 
                      vehicle components, such as body type, engine type, transmission type,                   
                      carburetor type, etc. Code word memory 10 may be implemented as an                       
                      EEPROM.”   (Specification 2:30-3:4).  The version code memory 10 is                      
                      version specific and the totality of possible values and engine                          
                      characteristics maps is present in each controller (in application data                  
                      memory 30) so one controller may be used for a plurality of different                    
                      vehicle versions (Specification 3:22-25).                                                
                   5. Control parameters are described as data or engine characteristics maps                  
                      for the individual elements of the vehicle equipment that are contained in               
                      application data memory 30.  (Specification 3:4-6).                                      
                   6. The Manual discloses only direct selection.  The table on 1-32 of the                    
                      Manual shows version codes such as number of engine cylinders, but                       
                      does not teach algorithmically processing the plurality of bit positions in              
                      the version coding to select a control parameter (Manual, 1-29-1-32).                    
                   7. Gormley teaches storing a variety of preferences for a plurality of                      
                      operators and configuring the operating characteristics of the vehicle in                

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