Ex Parte ODER - Page 7




          Appeal No. 2002-1828                                                         
          Application 09/424,606                                                       


          mode to normal operation of the second mode (i.e., with the                  
          transition during the second mode occurring at a second change               
          speed smaller than the first change speed (in the first mode) so             
          that a torque shock after the changeover of injection mode is                
          reduced appropriately).  Contrary to appellant’s assertions, we              
          see nothing in Iida ‘947, column 12, lines 28-34, which teaches              
          away from appellant’s invention.  As the examiner has indicated,             
          the second-term injection lean mode of Iida ‘947 corresponds to              
          appellant’s first mode, while the first-term injection lean mode             
          encompasses appellant’s transitional mode, and the stoichio-                 
          feedback mode corresponds to appellant’s normal second mode.                 
          Although Iida ‘947 also has an additional open-loop mode of                  
          injection, nothing in appellant’s claims on appeal precludes any             
          such additional injection mode.                                              


          For the above reasons, we will sustain the examiner’s                        
          rejection of independent claims 12, 24 and 27 under 35 U.S.C.                
          § 102(b) as being anticipated by Iida ‘947.  As is apparent from             
          appellant’s statement of the grouping of claims on page 3 of the             
          brief, appellant has chosen not to argue claims 13-23 separately             
          from independent claim 12, and claims 25 and 26 separately from              
          independent claim 24, from which they depend.  Accordingly, we               
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