Ex Parte Chen et al - Page 6



            Appeal 2007-0571                                                                                
            Application 10/277,004                                                                          
                                          FINDINGS OF FACT                                                  
                   The relevant facts include the following:                                                
                   The goal of the invention is to provide improved EGR mass flow rate to the               
            intake manifold of an internal combustion engine (Specification 2:[0005]).                      
            Appellants attain this goal by preventing backflow from the intake pipe or intake               
            manifold from entering either of the divided exhaust manifolds, thereby increasing              
            the use of the exhaust pulse energy (Specification 7:[0027]).  Appellants further               
            attain this goal by preventing flow from one exhaust manifold entering the other                
            exhaust manifold when the pressure at one manifold is significantly lower than the              
            pressure at the other manifold, thereby further increasing the use of the exhaust               
            energy pulse (Specification 7:[0026]).                                                          
                   Bailey recognizes when utilizing EGR in a turbocharged engine, the                       
            reintroduction of exhaust gases to the intake manifold will occur naturally when                
            the exhaust manifold pressure is higher than the turbocharged boost pressure.                   
            However, when the turbocharged engine operates under low speed and high torque                  
            conditions, the boost pressure is typically higher than the exhaust manifold                    
            pressure and recirculation of the exhaust gases is not possible (Bailey, col. 1,                
            ll. 54-60).  Bailey solves this problem by adding a one-way check valve in the                  
            conduit between each exhaust manifold and the EGR system, as described below.                   
                   Bailey discloses an internal combustion engine 10 having an engine                       
            block 11, a first exhaust manifold 14, a second exhaust manifold 16, a                          
            turbocharger 18, an intake manifold 24, and an EGR system 26 (Bailey, col. 4,                   
            ll. 1-6).  Bailey discloses that the EGR system 26 includes a first check valve 64              

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