Appeal No. 2003-0190
Application No. 08/515,964
torsional stress/strain sensor. Although the Examiner has
pointed to a passage (column 8, line 59) in Klauber which
suggests that the sensor 24 could be a function of shaft speed,
we find no support for the Examiner’s conclusion that this
results in a signal which is indicative of the timing
relationship of an engine as claimed. To the contrary, the
illustrated output of sensor 24 in Klauber is the torque curve in
Figure 13 which merely illustrate the torque peaks which occur
during a given cylinder power stroke.
In view of the above discussion, it is our view that, since
all of the limitations of the appealed claim 1 are not taught or
suggested by the applied prior art reference, the Examiner has
not established a prima facie case of obviousness. Accordingly,
the 35 U.S.C. § 103(a) rejection of independent claim 1 is not
sustained.
-8–8
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