Ex parte LESKO et al. - Page 3





                  Appeal No. 1996-2893                                                                                                                         
                  Application 08/370,153                                                                                                                       


                  [The examiner has left out Boning et al.,  he has added Damson et al., Laurenz and                                                           
                  Szilagyi in his listing of the references.  They are not used in the rejection before us.  Also,                                             
                  the Zhao et al. publication which was used as an alternate to Compton in the final rejection                                                 
                  was not listed in the examiner’s answer].                                                                                                    
                  Harbert                               2,841,979                                      July  8, 1958                                           
                  Compton et al. (Compton)                           3,584,509                         Jun 15, 1971                                            
                  Metz                                           3,759,151                             Sep.18, 1973                                            
                  Burkel et al. (Burkel)                           4,409,815        Oct. 18, 1983                                                              
                  Dietz et al. (Dietz)                                        4,419,212                Dec.  6, 1983                                           
                  Boning et al. (Boning)                4,446,723           May   8, 1984                                                                      
                  SAE publication entitled "The Cylinder Head Temperature Measurement by Thermal                                                               
                  Imaging Technique" by Zhao et al., October 7-10, 1991.                                                                                       
                  Claims 1, 4-6, and 9-14 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                           
                  over the basic combination of Boning, Dietz and Metz.  Claims 2, 7, 15, 17, 19-20, 22, and                                                   
                  24 stand rejected under 35 U.S.C. § 103 as being unpatentable over the basic                                                                 
                  combination considered further with Burkel.  Claims 3, 8, 16, 18, 21 and 23 stand rejected                                                   
                  under 35 U.S.C. § 103 as being unpatentable over the basic combination considered                                                            
                  further with Compton or Zhao.  [Note that the examiner’s reliance on the mere basic                                                          
                  combination in the above rejection of claims 21 and 23 is misplaced.  He also needs                                                          
                  Burkel as he did for the rejection of claim 19 in the final rejection.  As it turns out, this is                                             

                  inconsequential].                                                                                                                            
                            The examiner further rejected claims 1, 3-6, 8, 10-11, and 16 as being obvious                                                     


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