Ex Parte THOMAS - Page 7



          Appeal No. 2002-0584                                                        
          Application 08/321,028                                                      

               The ECU 6 receives the information detected by the                     
               driving condition detecting sensors (7, 8,-) and                       
               performs a feedback control of the common rail pressure                
               to obtain an optimum fuel injection pressure, so that                  
               the combustion condition of the diesel engine 2 can be                 
               optimized in accordance with the detected driving                      
               condition [column 6, lines 52 through 68].                             
               The ECU 6 also controls fuel injection based on a number of            
          sensed parameters such as engine rotational speed Ne, accelerator           
          opening degree Acc, cooling water temperature Tw, intake air                
          temperature Ta, intake air pressure Pa and common rail fuel                 
          pressure Pc (see column 7, line 1 et seq.).  Of particular                  
          interest is the role common rail fuel pressure Pc plays in                  
          determining injection timings and periods (see column 8, lines 58           
          through 68; column 10, lines 33 through 42; and column 14, lines            
          41 through 50).  As explained by Takeuchi (see column 15, lines 1           
          through 5), a positive correlation exists between the common rail           
          pressure and the amount of fuel injected per unit time.                     
          II. Claim 1                                                                 
               Weisman teaches, or would have suggested, a method meeting             
          all of the limitations in independent claim 1 (reproduced above)            
          except for those relating to injection pressure.  The appellant’s           
          contention that Weisman also lacks response to the limitation in            
          the claim requiring the step of determining a first quantity of             
          fuel to be delivered by the fuel injector based on the first                

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