Ex parte HEIMBERG - Page 7




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


          That is, the instant claims are specifically directed to a                  
          reciprocating pump used as a fuel injection device and that                 
          pump comprises an excitation circuit for supplying current                  
          pulses to an excitation coil and the excitation coil is                     
          controlled by both the duration and amplitude of the reference              
          signal to the comparator.  If we understand appellant’s                     
          position, it is that the reciprocating pump would create the                
          pressure which the fuel is under when it flows into the                     
          combustion chamber whereas the opening and closure of a                     
          solenoid valve, as in Suquet and Takahashi, allows the fuel,                
          which is already under pressure, to flow into the combustion                
          chamber.  Therefore, the reciprocating pump to which the                    
          instant claims are directed would be upstream of the solenoid               
          valves to which Suquet and Takahashi are directed.  As such,                
          appellant argues, it would not have been obvious to substitute              
          a solenoid operated pump for the solenoid valve in Suquet and               
          then substitute the valve-controlled circuit of Takahashi for               
          the valve-control circuit of Suquet and then modify those                   
          circuits as required by claims 2 and 3.  Appellant states, at               
          page 8 of the principal brief, “Such a substitution is neither              


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