Ex Parte THOMAS - Page 10



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

               Therefore, we shall not sustain the standing 35 U.S.C.                 
          § 103(a) rejection of claim 10 as being unpatentable over Weisman           
          in view of Takeuchi.                                                        
          IV. Claim 11                                                                
               Weisman teaches, or would have suggested, a system meeting             
          all of the limitations in independent claim 11 (reproduced above)           
          except for those relating to the fuel pressure sensor and the               
          instructions pertaining to the fuel pressure.  The appellant’s              
          arguments that Weisman also lacks response to the limitations               
          relating to the quantity of fuel are similar to those advanced              
          with respect to claim 1, and are unpersuasive for the same                  
          reasons.  As for the fuel pressure sensor and instruction                   
          limitations in the claim, Takeuchi would have suggested the                 
          incorporation of such features into the Weisman system for the              
          reasons discussed above in connection with claim 1.                         
               Thus, we shall sustain the standing 35 U.S.C. § 103(a)                 
          rejection of claim 11 as being unpatentable over Weisman in view            
          of Takeuchi.                                                                
          V. Claim 12                                                                 
               Independent claim 12 recites a computer readable storage               
          medium having information stored thereon representing                       
          instructions executable by an engine controller to control fuel             

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