Ex parte FOLEY et al. - Page 12




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


                  with a pressure sensor mounted on an engine’s rubber mount (Reply Brief, pages 8 to 11).  The                                                  

                  examiner states that Ina measures torque, and that since torque is proportional to acceleration, Ina can                                       

                  be said to indirectly measure acceleration (Answer, page 4; Supplemental Answer, page 3).  In other                                            

                  words, the examiner alleges that sensing torque at a rubber engine mount yields results equivalent to                                          

                  measuring crankshaft acceleration directly.  We cannot agree with the examiner, and instead agree with                                         

                  appellants that Ina measures torque and not compression.                                                                                       

                            The examiner relies on Buck (column 9, lines 35+) to show that measuring crankshaft                                                  

                  acceleration is a means for testing compression (Answer, page 5).  As discussed earlier, we find that                                          

                  Buck’s compression test embodiment (column 9, line 35 to column 11, line 14) does not                                                          





                  actually measure crankshaft acceleration as required by claim 1 on appeal.  We also find that Buck’s                                           

                  power test embodiment (column 11, line 15 to column 14, line 16) fails to determine compression or                                             

                  provide a compression pressure variable as required by claim 1 on appeal.                                                                      

                            The primary purpose of appellants’ disclosed invention is to measure crankshaft acceleration                                         

                  directly in order to eliminate inaccuracies associated with transient engine operation (specification, page                                    

                  2) and to avoid failing to eliminate error due to non-combustion related torque influencing the                                                

                  compression measurement which is a common problem in the prior art (specification, page 3).                                                    


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