Ex parte LESKO et al. - Page 7





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


               justifies the combination of Boning, Dietz and Metz by asserting that both Boning and Dietz                     
               are related to recording signals of light or thermal variations in a combustion chamber, and                    
               Metz’s camera can replace simply the optical evaluation stage or unit in the above                              
               combination for the thermographic image of the combustion process of an internal                                
               combustion engine [answer, pages 7 and 8].                                                                      

               The appellants have made it abundantly clear that the invention is concerned with taking                        
               thermographic or visual images while the engine is operating.  A lens is needed to focus                        
               the optical or thermal radiation to yield a coherent image of the radiating body, not just one                  
               point or event.  The claimed device provides a field of view within the cylinder and projects                   
               an image of the same onto a camera film.  This yields a thermographic image of the                              
               surfaces within the cylinder.  It is this interpretation of the claim that we have considered in                
               our ruling.  A knock sensor device which is pretty typical of the prior art is concerned with                   
               an event sensing, or an overall state of combustion in the combustion chamber.  Neither                         
               Boning nor Dietz relates to the subject of the invention as interpreted above.  Both are                        
               event sensors and record the overall luminosity or combustion.  Metz does not cure this                         
               deficiency.                                                                                                     
               The other independent claims 6 and 11 both have further limitations than claim 1.  Since                        

               the above combination does not support the rejection of claim 1, it cannot support the                          
               rejection of claims 6 and 11 either.  Claims 4, 5, 9, 10, 12, 13 and 14 which depend on                         


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