Ex Parte MURPHY et al - Page 4



                    Appeal No. 2002-0484                                                                                                                                  
                    Application No. 09/274,617                                                                                                                            

                    jurisdiction could be either an auxiliary computer 72 with GPS, a                                                                                     
                    control computer 12 with GPS unit 46, or an auxiliary computer                                                                                        
                    with a user actuated switch 52 and equivalents.                                                                                                       
                              The following are our findings of fact with respect to the                                                                                  
                    scope and content of the prior art and the differences between                                                                                        
                    the prior art and the claimed subject matter.  Jenkins discloses                                                                                      
                    a mileage and fuel consumption system wherein the location of the                                                                                     
                    vehicle is determined in relation to various engine parameters.                                                                                       
                    These parameters are illustrated in Figure 10.  Jenkins is not                                                                                        
                    specific as to how his instantaneous fuel consumption value is                                                                                        
                    obtained.  Jenkins clearly shows at least a means for determining                                                                                     
                    the jurisdiction of a vehicle and a means for continually                                                                                             
                    accumulating fueling values while the vehicle is in a respective                                                                                      
                    jurisdiction.  Jenkins does not show any means for producing                                                                                          
                    fueling signals and for producing fueling values, which we have                                                                                       
                    construed as the control computer 12.  Note that this claimed                                                                                         
                    means controls both the engine's fuel system and measures the                                                                                         
                    instantaneous fuel values.  Likewise for claim 17, Jenkins does                                                                                       
                    not disclose a control computer for producing fuel control                                                                                            
                    signals to the engine's fuel system and broadcasting the values                                                                                       
                    to the auxiliary computer.                                                                                                                            

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