Ex Parte SUMIDA et al - Page 6




            Appeal No. 2002-0607                                                                       
            Application No. 09/258,138                                                                 


            the applied prior art and appealed claim 1, (3) precisely how the                          
            primary reference to Sumida would have to be modified to make up                           
            for any such differences, (4) why any proposed modification would                          
            have been obvious to one of ordinary skill in the art, or (5) how                          
            the proposed modification(s) would result in the claimed subject                           
            matter as a whole.  In addition, the examiner has not adequately                           
            addressed appellants’ arguments throughout the main and reply                              
            briefs regarding the alleged ambiguity of Dietrich with respect                            
            to the construction of its fuel injector valve main body and the                           
            element at the base of Dietrich’s valve main body purported by                             
            the examiner to be a seal element.  Nor has the examiner                                   
            adequately addressed appellants’ argument on pages 3-5 of the                              
            main brief to the effect that the combined teachings of the                                
            applied references would not render obvious a fuel injection                               
            valve having both a seal held between a cylinder head and a                                
            shoulder defined between large and small diameter portions of the                          
            valve main body (as set forth in the penultimate paragraph of                              
            claim 1) and a securing means for securing the outer side of the                           
            large diameter portion of the valve main body to the housing main                          





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