Ex parte FOLEY et al. - Page 8




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


                  on appeal of measuring crankshaft acceleration.  We find that this embodiment of Buck merely                                                   

                  calculates a compression index for each cylinder by measuring piston acceleration (column 10, line 26)                                         

                  for use in finding a compression ratio.  While it is possible that Buck’s system could determine                                               

                  crankshaft acceleration, we find that the disclosure of Buck does not actually teach or                                                        





                  suggest detecting acceleration at the crankshaft.  While Buck does teach measuring piston acceleration                                         

                  to obtain a compression index (column 10, lines 20-38), Buck fails to teach providing                                                          

                  a variable which reflects measured crankshaft acceleration.  Furthermore, Buck’s compression test                                              

                  embodiment does not take any measurements during normal engine operation, but during cranking.                                                 

                            We are in agreement with appellants that Buck does not teach measurement of acceleration of                                          

                  an engine’s crankshaft, but instead teaches measuring time intervals (Reply Brief, page 11) .  Our                                             

                  careful review of Buck fails to reveal any teaching or suggestion of measuring, calculating, or                                                

                  determining a crankshaft acceleration.                                                                                                         

                            The examiner takes the position that although Buck measures compression during cranking                                              

                  without the engine running, it would have been obvious to measure compression during normal engine                                             

                  operation (Answer, page 5). We find that the compression test embodiment of Buck relied on in the                                              

                  rejection fails to make obvious the significant feature of the claimed invention of determining a                                              


                                                                               8                                                                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007