Ex Parte HSU - Page 11




          Appeal No. 2001-0379                                                        
          Application No. 09/141,891                                Page 11           


          (col. 8, lines 12-20); and stopping said gas mixture flow when              
          said temperature sensor detects a temperature rise in said cavity           
          (col. 8, lines 42-52).  Thus, we affirm the obviousness rejection           
          of claim 11 over Cox, with Kern being cumulative.  We note that             
          it is permissible to affirm a rejection relying on fewer                    
          references than applied in the rejection.  See In re Bush, 296              
          F.2d 491, 496, 131 USPQ 263, 266-67 (CCPA 1961).                            
               We turn next to claim 12.  Both appellant (brief, page 11)             
          and the examiner (answer, page 4) assert that neither reference             
          employs a flow meter.  Although not brought to our attention by             
          either the appellant or the examiner, we find that Cox discloses            
          flow meter 28 which meters non-combustible gas from container 16,           
          which is delivered to tub 20 before being drawn out along with              
          the combustible gas mixture by pump 182 and transmitted to the              
          combustion chamber (col. 9, lines 7-17).  Accordingly, the                  
          rejection of claim 12 under 35 U.S.C. § 103(a) is affirmed.                 
               We turn next to claim 13.  The claim recites that the gas              
          mixture is ignited by an electronic ignition means.  Both                   
          appellant and the examiner are silent as to this limitation.  We            
          find that Cox discloses a capacitor discharge power unit and                
          ignition coil assembly 50, an electronic ignition trigger                   
          oscillator assembly (col. 3, lines 24 and 25).  From Cox's                  







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