Ex Parte THOMAS - Page 9



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

          pages 1 and 2 in the reply brief), the reference combination does           
          not involve any undesirable redundancies.                                   
               Accordingly, we shall sustain the standing 35 U.S.C.                   
          § 103(a) rejection of claim 1 as being unpatentable over Weisman            
          in view of Takeuchi.                                                        
          III. Claim 10                                                               
               Independent claim 10 recites a method of controlling fuel              
          delivery to a cylinder of an internal combustion engine                     
          comprising, inter alia, the steps of determining pilot and main             
          quantities of fuel to be delivered by a fuel injector and                   
          determining pilot and main amounts of time for energizing the               
          fuel injector to deliver these quantities of fuel, “wherein                 
          determining the pilot amount of time and determining the main               
          amount of time are performed independently of angular                       
          measurements associated with an engine crankshaft.”  As indicated           
          above, angular displacement of the crankshaft constitutes a                 
          factor in Weisman’s determination of pilot and main amounts of              
          time for energizing a fuel injector.  There is nothing in the               
          combined teachings of Weisman and Takeuchi which would have                 
          suggested making this determination independent of the angular              
          displacement of the crankshaft.                                             


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