Ex parte FOLEY et al. - Page 2




               Appeal No. 97-1070                                                                                                   
               Application 08/100,418                                                                                               


               objected to claims 12, 13, 17 to 21, 34, 35, and 39 to 43 as being allowable if rewritten in independent             

               form to include all of the limitations of the base claim and any intervening claims, and indicated the               

               allowability of claims 22 to 27 and 44 to 49.  Thus, only claims 1 to 11, 14 to 16, 28 to 33, 37, and 38             

               remain on appeal.                                                                                                    

                                                        BACKGROUND                                                                  

                       The subject matter on appeal is directed to the field of compression pressure detection within               

               an internal combustion engine (specification, page 1), and in particular, to a method and apparatus for              

               determining low compression by measuring crankshaft acceleration of a running engine (specification,                 

               page 1 and independent claims 1, 14, 28, and 37 on appeal).  As indicated in the specification (pages 1              

               to 3), there were no prior art compression pressure detection methods or apparatus known to                          

               appellants that first measured acceleration directly from the crankshaft of a running engine and then                

               provided a compression pressure which was dependent upon the measured crankshaft acceleration.                       

               Appellants recognized that the prior art failed to diagnose low compression pressure in real-time on an              

               engine in service (specification, page 1).  Appellants also pointed out (specification, pages 1 to 2) that           

               prior art systems relied on in-cylinder pressure measurement and average crankshaft velocity to predict              

               compression, and that compression was determined during a time when the engine was taken out of                      

               normal operating service.                                                                                            

                       Appellants point out at page 2 of their specification that prior art compression pressure                    


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