Ex parte SMITH et al. - Page 4




          Appeal No. 97-1149                                                          
          Application No. 08/237,537                                                  


          state (specification, page 4), and that the “low-sensitivity                
          region” of the fuel injectors is a portion of the operating range           
          where the fuel injector fuel flow is relatively insensitive to              
          small variations in the length of the opening of the injectors.             
          Injector fuel flow sensitivity is a function of the time the                
          injector is kept open, the pressure across the injector, the                
          temperature of the fuel and the injectors, the fuel viscosity,              
          and other factors.  Specification, pages 4 and 5.                           
               Our understanding of the examiner’s position is that all of            
          the steps recited in claim 1 inherently are accomplished by the             
          system disclosed by Betki.  However, we do not agree with the               
          reasoning that he has set forth to substantiate that position.              
          Nowhere in the Betki reference is there any discussion of the               
          operating ranges of the injectors, much less use of the phrase              
          “low sensitivity region,” nor is there a disclosure of the                  
          factors which the appellants have listed as being related to this           
          factor.  Thus, even if we accede, arguendo, to the examiner’s               
          position that Betki selects one or the other of two pressure                
          levels at which to operate the system, there is no evidence which           
          supports the conclusion that one of these pressure levels is                
          related to the required “low sensitivity region.”  We also remain           
          unconvinced that Betki’s determination of the pressure                      

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