Appeal No. 2002-1828
Application 09/424,606
control unit of an internal combustion engine (claim 24), and an
internal combustion engine including such a control unit (claim
27), wherein an optimal switchover is possible between stratified
fuel injection operation during a compression phase (first mode)
and homogeneous operation during an intake phase (second mode),
with the switchover taking place from the first mode initially to
a transitional operation of the second mode and then to normal
operation of the second mode, thereby leading to a significantly
lower increase of the torque generated by the internal combustion
engine at the time of such switchover. Independent claims 12, 24
and 27 are representative of the subject matter on appeal and a
copy of those claims can be found in Appendix A of appellant’s
brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Iida et al. (Iida ‘947) 5,970,947 Oct. 26, 1999
Kamura et al. (Kamura) WO 98/090631 Mar. 5, 1998
1 Our understanding of the above-noted foreign language
document (WO 98/09063) relied upon by the examiner is based on an
English language equivalent, U.S. Patent No. 5,975,044. The
examiner makes clear on page 3 of the answer (Paper No. 14) that
it is the publication date of March 5, 1998 of WO 98/09063 that
is being relied upon. Appellant has not disputed that this
document is prior art to him.
2
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