Ex parte BARNES et al. - Page 5

          Appeal No. 1999-0276                                                        
          Application 08/283,099                                                      

               It remains the examiner's position that this                           
               indirect sensing of viscosity would have been                          
               obvious to achieve using engine temperature.                           
               Furthermore, it is extremely well known in the                         
               diesel injection art to advance timing as engine                       
               temperatures decrease.  For the applicant to assert                    
               that it is not known to advance timing as engine                       
               temperatures are lowered makes no sense.                               
               Combustion, particularly in a diesel engine always                     
               takes longer at lower engine temperatures and this                     
               is particularly true at starting.  Igashira (column                    
               1, lines 1-58) clearly teaches using timing data to                    
               first determine a desired timing for injection and                     
               then correcting any errors using the actual ignition                   
               data.  This is a refinement of the known systems                       
               which all consider engine temperature.                                 
               Initially, we find nothing in the Barnes patent to                     
          support the examiner's statement, supra, that "coolant                      
          temperature is clearly identified in Barnes as an input into                
          fuel quantity calculations."  Barnes does not mention sensing               
          coolant temperature or engine temperature, and in fact, does                
          not expressly disclose sensing any temperature in the entire                
          specification.  The only express disclosure of sensing any                  
          temperature in Barnes is the recitation of means for sensing                
          ambient temperature and of an ambient temperature signal (Ta)               
          in claims 9 and 10, and an arrow labelled "Ta" in Fig. 1.                   
               With regard to the examiner's assertion, quoted above,                 


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