Appeal No. 97-0963 Page 5
Application No. 08/439,515
on" something disclosed in the reference (see Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed.
Cir. 1983), cert. denied, 465 U.S. 1026 (1984)).
The claims on appeal are all drawn to a combustion engine of
the turbocompound type comprising, inter alia, a turbocharger
turbine receiving exhaust gases from the engine, a power turbine
receiving exhaust gases from the turbocharger turbine, and an
exhaust gas brake throttle receiving exhaust gases from the power
turbine. Independent claim 6 recites that the exhaust gas brake
throttle is structured and arranged to selectively throttle the
exhaust gases to brake the engine. Independent claim 7 and its
dependent claims 8 to 11 recite that the exhaust gas brake
throttle is operable to a closed position in which the exhaust
gases are blocked from passing to an outlet to exhaust gas brake
the engine.
Woon discloses a turbocompound engine with power turbine
bypass control. As shown in Figure 1, the turbocompound engine 1
includes a supercharger turbine 6 receiving exhaust gases from
the engine, a power turbine 8 receiving exhaust gases from the
supercharger turbine 6, an exhaust passage 12, a bypass passage
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