Ex parte HEIMBERG - Page 6




          Appeal No. 1998-1503                                                        
          Application No. 08/676,907                                                  


               Appellant has argued that neither Suquet nor Takahashi is              
          directed to a reciprocating pump, as claimed.  Appellant                    
          explains that while these two references are directed to                    
          devices within the field of fuel injection, they are directed               
          to the opening and closing of a valve.  We agree.  The opening              
          and closing of a solenoid valve, as in Suquet and/or                        
          Takahashi, is determinative of the duration of the time in                  
          which the valve is open/closed.  The examiner has pointed to                
          nothing within the teachings of Suquet or Takahashi that would              
          indicate that the excitation coil, or inductive load, is also               
          controlled, in addition to duration of a reference signal, by               
          the amplitude of the reference signal.                                      
               Appellant argues that the opening/closing of a valve in                
          Suquet and Takahashi allows fuel “already under pressure” to                
          flow into a combustion chamber.  The examiner dismisses this                
          argument by contending that the argument is not directed to                 
          claimed subject matter.  While we agree with the examiner that              
          the claims say nothing about fuel “already under pressure,” we              
          believe appellant is merely attempting to draw a distinction                
          between the operation of a reciprocating pump, as claimed, and              
          the valve opening and closure taught by Suquet and Takahashi.               
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