Appeal No. 97-0963 Page 6
Application No. 08/439,515
14, and a valve 16 for directing exhaust gases from the
supercharger turbine 6 to the exhaust passage 12 either through
the power turbine 8 or through the bypass passage 14. As shown
in Figure 2B, the valve 16 can be a flapper valve arranged
downstream of the outlet of the power turbine.
The examiner concluded (final rejection, p. 2) that Woon
structurally anticipated the appealed claims. Specifically, the
examiner determined that the engine braking set forth in the
claims is a functional and not a structural differentiation
because the claims do not preclude a power turbine bypass. Thus,
the examiner found that the braking recitations in the claims are
merely recitations of a desired result which are not patentably
limiting. We do not agree for the reasons set forth infra.
We agree with the appellants argument (brief, pp. 3-5) that
Woon does not disclose the claimed exhaust gas brake throttle.
The claims on appeal recite an engine having an exhaust gas brake
throttle. An exhaust gas brake throttle is structure that an
engine possesses that permits exhaust braking of the engine. The
arrangement of Woon's bypass valve 16 shown in Figure 2B is not
an exhaust gas brake throttle since that structure does not
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