Appeal No. 97-1070
Application 08/100,418
compression pressure while the engine is running. We conclude that it would not have been obvious
to perform a compression test with the engine running since Buck states just the opposite (column 9,
lines 44 to 46), and since the examiner has not cited any persuasive motivation for doing so (Answer,
page 5). We note that although the power test of Buck may be performed during engine operation,
only power is being determined in this test, and
not compression. We also note that Buck’s power test algorithm does not explicitly determine a
crankshaft acceleration, and that Buck’s power test finds a power index and ratio, not an
acceleration. Thus, we cannot conclude that Buck’s power test embodiment cures the deficiency of the
compression test embodiment of not expressly determining crankshaft acceleration during normal engine
operation.
Appellants argue that neither Wier nor Ina measure acceleration of a crankshaft, nor would
these references have suggested measuring acceleration of a crankshaft (Brief, page 4). Appellants
additionally argue that Wier does not measure crankshaft acceleration, but instead simply measures in-
cylinder pressures Z1 and Z2 and then finds a difference (Brief, pages 6 to 8). We agree on both
counts.
We note that the examiner concedes that Wier fails to teach measuring crankshaft acceleration
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