Ex parte AOYAMA et al. - Page 7




          Appeal No. 97-1017                                                          
          Application No. 08/391,421                                                  


          valve in the other.  Mitobe does not disclose the first and                 
          second tuned inlet sections upstream of the intake passage                  
          that are required by this claim.  Miyano discloses a single                 
          outlet section (7) controlled by a throttle (12), and which                 
          communicates with a port opening to a cylinder.  Upstream of                
          the outlet section are a first intake passage (9) that is                   
          tuned for low speed operation and a second intake passage (8)               
          that is tuned for high speed operation (column 2, lines 10-                 
          47).  A second throttle valve (13) controls the tuning by                   
          opening or closing the high speed intake passage.                           
               We agree with the examiner that it would have been                     
          obvious to add to the Mitobe system, upstream of the second                 
          set of fuel injectors, first and second inlet sections tuned                
          to provide tuning efficiency at a different engine running                  
          condition, as well as a second throttle valve to control the                
          effective tuning, as required by claim 19.  Explicit                        
          suggestion for doing so is found in Miyano’s statement that                 
          this enhances the charge efficiency (column 1, lines 5-16).                 
          In our view, such a modification would have no detrimental                  
          effect upon the operation of the Mitobe system, but would                   


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