Ex parte YOSHIDA et al. - Page 12




          Appeal No. 1997-4373                                      Page 12           
          Application No. 08/332,656                                                  


          spill valve (46, 47, 48) useless from the point at which the                
          front face of the plunger passes the passage until the end of               
          the stroke, as the spill passage would be cut off from the                  
          pump chamber (40, 41, 42).  Accordingly, we find that one of                
          ordinary skill in the art would not have been motivated to                  
          place the spill passage of Masahiko at a point intermediate                 
          the ends of the plunger stroke.                                             
               Further, unlike the Abe pump which delivers fuel directly              
          to the engine, the electronically controlled fuel injectors                 
          (2) of Masahiko, not the fuel pump, determine the injection                 
          pulse to be delivered to the engine.  Therefore, Abe would not              
          have provided any suggestion to one of ordinary skill in the                
          art to provide a pressure reducing arrangement on the Masahiko              
          pump to produce a pilot pulse at the output of the pump.                    
               For the foregoing reasons, we also reverse the examiner's              
          rejection of claim 23, and claims 25 and 26 which depend                    
          therefrom.                                                                  
                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 1 and 2 under 35 U.S.C. § 102 and claims 3 through 6,                
          23 and 25 through 27 under 35 U.S.C. § 103 is reversed.                     







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