Ex parte FOLEY et al. - Page 7




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


                  and third, that the measurement made during engine operation be used to determine compression                                                  

                  pressure.                                                                                                                                      







                            The examiner relies on Buck (at columns 9 and 10) to show that crankshaft acceleration is                                            

                  measured.  Our close review of the Buck reference reveals that Buck discloses two separate and                                                 

                  distinct embodiments.  It is important to understand the relation between these two embodiments in                                             

                  providing a proper 35 U.S.C. § 103 analysis as to Buck’s teachings and suggestions.                                                            

                            First, Buck discloses a "Compression Test" as discussed at column 9, line 35 through column                                          

                  11, line 14 and shown in figures 3 and 4.  Buck teaches that during the compression test, the engine "is                                       

                  operating without power" and "is being cranked as with a starter or crank motor" (column 9, lines 45 to                                        

                  46).  This test is used to detect a low compression based on a compression index and ratio.                                                    

                            Second, Buck discloses a "Power Performance Test" as discussed at column 11, line 15                                                 

                  through column 14, line 17 and shown in figures 5, 6, and 7.  Buck teaches that during the power test                                          

                  the engine is running (column 11, lines 17 to 58), and that the power test detects a loss in power for an                                      

                  individual cylinder based on a power index and ratio.                                                                                          

                            The examiner relies on the compression test embodiment of Buck to teach the feature of claim 1                                       


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