Appeal No. 1997-4053
Application 08/548,714
Therefore, one of ordinary skill intending to utilize a
Peltier device in an internal combustion fuel system would
clearly dispense with the insulation disclosed by Barret to
allow the Peltier device to pump heat from the cylinder head
to the fuel contacting surface. To argue otherwise, as
appellants do, is to presume stupidity for a worker in the art
rather than ordinary skill. See In re Sovish, 769 F.2d 738,
743, 226 USPQ 771, 774 (Fed. Cir. 1985).
Appellants further argue that Barret directs all of
the fuel from the fuel injection valve onto the heating
element. However, appellants' independent claims call for
injecting the fuel at least in part at the heating element. A
stream of fuel directed wholly on a heating element is
directed at least in part on that element.
Appellants also argue that Barret does not disclose
a Peltier heating element. The examiner is in agreement with
this and has not made a rejection under § 102. Appellants
argue that the Peltier element in Uddin is preferably a
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