Ex Parte MURPHY et al - Page 3



                    Appeal No. 2002-0484                                                                                                                                  
                    Application No. 09/274,617                                                                                                                            

                              For the details of these rejections, reference is made to                                                                                   
                    the examiner's answer.  Reference is also made to appellants'                                                                                         
                    brief for arguments respecting the rejections on appeal.                                                                                              

                                                                              OPINION                                                                                     
                              We have carefully reviewed the rejections on appeal in light                                                                                
                    of the argument of the appellants and the examiner.  As a result                                                                                      
                    of this review, we have determined that the applied prior art                                                                                         
                    does not establish the prima facie obviousness of the appealed                                                                                        
                    claims.  Accordingly, the rejections of all claims on appeal are                                                                                      
                    not sustained.                                                                                                                                        
                              As an initial matter, we will construe the means-plus-                                                                                      
                    function limitations of the claims on appeal.  For claim 1, the                                                                                       
                    means for determining can be auxiliary computer 72 with GPS,                                                                                          
                    control computer 12 with GPS unit 46, or an auxiliary computer                                                                                        
                    with a user actuated switch 52 and equivalents.  The means                                                                                            
                    responsive to the fueling signal is construed to be engine fuel                                                                                       
                    system 32 and equivalents.  The means for producing fueling                                                                                           
                    signals is considered to read on control computer 12 and                                                                                              
                    equivalents.  The means for accumulating the fueling values is                                                                                        
                    either auxiliary computer 76 or control computer 12 and                                                                                               
                    equivalents.  For claim 17, again the means for determining a                                                                                         
                                                                                    33                                                                                    




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