Ex Parte THOMAS - Page 12



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


          VI. Claims 2 and 13                                                         
               Claims 2 and 13 depend from independent claims 1 and 12,               
          respectively, and contain limitations similar to those in                   
          independent claim 10 relating to the determination of valve                 
          energizing time independently of angular measurements associated            
          with an engine crankshaft.  For the reasons expressed above in              
          connection with claim 10, the combined teachings of Weisman and             
          Takeuchi would not have suggested this subject matter.                      
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103(a) rejection of claims 2 and 13 as being unpatentable over            
          Weisman in view of Takeuchi.                                                
          VII. Claims 5, 15 and 23                                                    
               Claims 5, 15 and 23 depend ultimately from independent                 
          claims 1, 12 and 11, respectively, and pertain to the                       
          determination of a desired injection pressure based on desired              
          engine torque and engine speed.  As indicated above, Takeuchi               
          discloses the determination of a desired injection pressure based           
          on, among other parameters, engine speed.  Given the importance             
          placed by Weisman on desired engine torque as an engine operating           
          parameter, the combined teachings of these references, applied as           


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