Ex parte HOCHMUTH - Page 8




          Appeal No. 98-1310                                                          
          Application 08/368,685                                                      



          examiner apparently relies on Adamczyk for this limitation,                 
          the sensor 20 of Adamczyk is an oxygen sensor which senses the              
          concentration of oxygen (see, e.g., column 3, lines 33-35),                 
          rather than hydrocarbons as claimed.                                        
               In view of the foregoing, we will not sustain the                      
          rejection of claims 1, 3-5 and 8-17 under 35 U.S.C. § 103                   
          based on the combined teachings of Burk and Adamczyk.                       
               Turning to the rejection of claims 1 and 2 under 35                    
          U.S.C.                                                                      
          § 103 as being unpatentable over Burk in view of Laprade, the               
          appellant does not argue that it would have been unobvious to               
          combine the teachings of Burk and Laprade in the manner                     
          proposed by the examiner.  Instead the appellant argues that:               
                    Laprade discloses using a sensor (8)                              
                    located in exhaust pipe (4) to control the                        
                    air introduced to the engine via air pump                         
                    (12) and air inlet (6).  Laprade is merely                        
                    showing the use of an air to fuel ratio                           
                    sensor to control air to the engine intake.                       
                    There is no indication or suggestion that                         
                    such a measurement would be conducted to                          
                    add the supplemental air during the                               
                    hydrocarbon desorption period of a trap to                        
                    maintain a substantially stoichiometric air                       
                    to fuel balance in the exhaust gases                              
                    flowing into the downstream catalyst zone.                        
                    As indicated in the present application,                          
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