Ex parte FOLEY et al. - Page 10




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


                  (Answer, page 4).  The examiner then attempts to rely on Ina as to this feature (Answer, page 4).  We                                          

                  are not persuaded that Ina taught or would have suggested such a feature.   Ina’s pressure                                                     

                  measurement at an engine rubber mount is not in-line with a crankshaft, nor is it even near a crankshaft.                                      

                  Indeed, using Ina’s engine mount sensor to measure torque (and then determine acceleration from                                                

                  torque) would not have made the direct measurement of crankshaft acceleration obvious.  This                                                   

                  arrangement of Ina would actually introduce inaccuracies associated with transient engine operation as                                         

                  well as error due to non-combustion related torque, which                                                                                      





                  would influence the measurement.  Thus, we find that Ina actually introduces the difficulties sought to                                        

                  be overcome by appellant, and teaches away from directly measuring crankshaft acceleration.                                                    

                  Therefore, there would have been no motivation to measure or determine acceleration without recourse                                           

                  to appellants’ disclosure.                                                                                                                     

                            Accordingly, we agree with appellants’ argument  (Reply Brief, pages 12 to 14) that the                                              

                  claimed method for measuring compression pressure directly from crankshaft acceleration is neither                                             

                  taught nor fairly suggested by any of Wier, Ina, and/or Buck taken alone or in combination.  We also                                           

                  agree with appellants’ argument that it would not have been obvious to eliminate Wier’s pressure                                               

                  sensor measurement and then use position sensing to measure compression pressure by measuring                                                  


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