Appeal No. 2002-1828
Application 09/424,606
that the “earlier lean mode” of the intake stroke injection mode
in Kamura corresponds to appellant’s transitional operation of
the second mode, while the stoichiometric mode in the intake
stroke injection mode corresponds to appellant’s normal operation
of the second mode. As for appellant’s assertion that Kamura
teaches away merely because it provides four fuel injection
modes, we see no basis for any such conclusion and again point
out that additional modes, such as the enriched mode in Kamura,
are not precluded by appellant’s open-ended “comprising” format
claims before us on appeal.
In light of the foregoing, we will sustain the examiner’s
rejection of claims 12 through 27 under 35 U.S.C. § 102(b) based
on Kamura.
In Summary, the decision of the examiner rejecting claims 12
through 27 under 35 U.S.C. § 102(b) as being anticipated by Iida
‘947 and rejecting claims 12 through 27 under 35 U.S.C. § 102(b)
as being anticipated by Kamura are both affirmed.
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