Ex Parte THOMAS - Page 11



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

          delivery from a fuel injector having an electronic control valve,           
          with the fuel injector being in communication with a fuel rail.             
          The claim further requires the computer readable storage medium             
          to comprise instructions for determining (1) a first desired                
          engine torque output, (2) engine speed, (3) a first quantity of             
          fuel to be delivered by the fuel injector based on the first                
          desired engine torque output and the engine speed, (4) fuel                 
          pressure in the fuel rail and (5) a first amount of time for                
          energizing the control valve in order for the fuel injector to              
          deliver the first quantity of fuel based on the fuel pressure in            
          the fuel rail.  For reasons essentially similar to those                    
          expressed above in connection with claims 1 and 11, the combined            
          teachings of Weisman and Takeuchi, with focus on Weisman’s                  
          disclosure of an electronic control unit comprising a                       
          microprocessor and ROM containing instructions for executing                
          various control functions, would have suggested the computer                
          readable storage medium set forth in claim 12 to one of ordinary            
          skill in the art.                                                           
               Consequently, we shall sustain the standing 35 U.S.C.                  
          § 103(a) rejection of claim 12 as being unpatentable over Weisman           
          in view of Takeuchi.                                                        


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