Ex Parte THOMAS - Page 8



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

          desired engine torque output and engine speed (see pages 5 and 6            
          in the main brief) is not persuasive.  As indicated above,                  
          Weisman expressly discloses that the quantity of fuel to be                 
          injected is based on desired engine torque and engine speed (see            
          Weisman at column 7, lines 8 through 54; and at column 15, lines            
          4 through 22).  The limitation in question does not, as implied             
          by the appellant, exclude Weisman’s representation of the fuel              
          amount in terms of an angular displacement of the crank or a                
          pulse width value.                                                          
               As for the injection pressure limitations in claim 1,                  
          Takeuchi’s disclosure of the relationship between common rail               
          pressure (i.e., injection pressure) and the amount of fuel                  
          injected per unit time, and the use of this relationship in a               
          engine control method to determine fuel injection periods based             
          on sensed common rail pressure, would have suggested modifying              
          the method disclosed by Weisman by incorporating such steps,                
          thereby arriving at the subject matter recited in claim 1.  The             
          requisite motivation for the modification stems from the self-              
          evident benefit of attaining accurate injection periods (i.e.,              
          accurate fuel injector energizing times).  Contrary to the                  
          position taken by the appellant (see page 6 in the main brief and           


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