Ex parte HAMMARBERG - Page 5




          Appeal No. 97-2806                                                          
          Application No. 08/391,234                                                  

          the only relevance Suzuki appears to have to the instant claimed            
          invention is in the teaching of a fuel injector.  Suzuki does not           
          teach or suggest the claimed type of sensor, the claimed                    
          electrode or the electrode surrounding the fuel injector.                   
          Accordingly, the examiner’s rationale for substituting the fuel             
          injector of Suzuki for the spark plug of Kizler appears to have             
          been motivated merely by appellant’s disclosure rather than by              
          anything suggested by the applied references.                               
               Further, the requirement of the instant claims that the                
          electrode surrounds the fuel injector makes it clear that the               
          sensor, which comprises the sleeve-shaped electrode arranged in             
          the duct surrounding the fuel injector, is separate from the fuel           
          injector itself.  Yet, while the examiner relies on Bullis for              
          the teaching of surrounding the fuel injector with a sensor, it             
          is clear from Bullis that either the sensor and fuel injector are           
          entirely separate units located apart from each other [See                  
          Figures 1 and 6, for example] or, in Bullis’ alternative                    
          embodiment [See column 15, lines 52-55], the sensor is                      
          “incorporated” in, i.e., made integral with, the structure of the           
          injector.  Thus, we find no teaching or suggestion in the applied           
          references of providing distinct fuel injector and sensor units             



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