Ex Parte THOMAS - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                          Paper No. 14                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte ERIC D. THOMAS                                
                                     __________                                       
                                Appeal No. 2002-0584                                  
                               Application 09/321,028                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before STAAB, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Eric D. Thomas appeals from the final rejection of claims 1            
          through 29, all of the claims pending in the application.                   
                                   THE INVENTION                                      
               The invention relates to “a system and method for                      
          controlling fuel injection of fuel injectors in an internal                 
          combustion engine” (specification, page 1).  Representative                 
          claims 1 and 11 read as follows:                                            
               1.  A method for controlling fuel delivery from a fuel                 
          injector, the method comprising:                                            
               determining a first desired engine torque output;                      
               determining engine speed;                                              

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