Ex parte SMITH et al. - Page 3




                    Appeal No. 96-3130                                                                                                                                     
                    Application 08/225,653                                                                                                                                 


                    brief, pages 1-9 of the reply brief and pages 6-10 of the answer.                                                                                      



                                                                              OPINION                                                                                      
                              We have carefully reviewed the appellants' invention as                                                                                      
                    described in the specification, the appealed claims, the prior                                                                                         
                    art applied by the examiner and the respective positions advanced                                                                                      
                    by the appellants in the brief and reply brief and by the                                                                                              
                    examiner in the answer.  As a consequence of this review, we will                                                                                      
                    sustain the rejection of claims 11 and 28 under 35 U.S.C. § 103.                                                                                       
                    We will not, however, sustain the rejection of claim 2 under 35                                                                                        
                    U.S.C. § 102(e) or the rejection of claims 22, 23 and 26 under 35                                                                                      
                    U.S.C. § 103.  Additionally, we will enter a new rejection of                                                                                          
                    claim 2 under 35 U.S.C. § 112, second paragraph.                                                                                                       
                              Considering first the rejection of claim 2 under 35 U.S.C.                                                                                   
                    § 102(e), the appellants note that claim 2 expressly requires a                                                                                        
                    "means for restricting the amount of cross flow scavenging3                                                                                            
                    between said intake valve port and said exhaust valve port"                                                                                            
                    (footnote added) and thereafter assert that there is no such                                                                                           


                              3    Page 3 of the specification indicates that scavenging is "the fuel                                                                      
                    passing directly between the inlet and exhaust valve during valve overlap (that                                                                        
                    period of time during which both the intake and the exhaust valves are                                                                                 
                    simultaneously open" (lines 10-12).                                                                                                                    
                                                                                    3                                                                                      





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