Ex Parte THOMAS - Page 13



          Appeal No. 2002-0584                                                        
          Application 08/321,028                                                      

          above, would have suggested the determination of a desired                  
          injection pressure based on desired engine torque as well as                
          engine speed, and hence would have rendered the subject matter              
          recited in claims 5, 15 and 23 obvious to one of ordinary skill             
          in the art.                                                                 
               Accordingly, we shall sustain the standing 35 U.S.C.                   
          § 103(a) rejection of claims 5, 15 and 23 as being unpatentable             
          over Weisman in view of Takeuchi.                                           
          VIII. Claims 7, 16 and 24                                                   
               Claims 7, 16 and 24 depend ultimately from claims 1, 12 and            
          11, respectively, and pertain to the determination of a desired             
          acceleration mode, and the modification of the desired injection            
          pressure based on the desired acceleration mode.  Takeuchi’s                
          disclosure of controlling injection pressure based on, among                
          other parameters, accelerator opening degree (see column 6, lines           
          52 through 68), considered within the context of the combined               
          teachings of Weisman and Takeuchi as applied above, would have              
          suggested this subject matter.                                              
               Therefore, we shall sustain the standing 35 U.S.C. § 103(a)            
          rejection of claims 7, 16 and 24 as being unpatentable over                 
          Weisman in view of Takeuchi.                                                
          IX. Claims 8, 17 and 25                                                     

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