Ex Parte MORI et al - Page 6




            Appeal No. 2002-1853                                                          Page 6              
            Application No. 09/340,339                                                                        


            Thus, Fujieda has recognized the same problem as the appellants, and teaches that it              
            can be solved by so locating the spark plug gap with respect to the fuel injector spray           
            that the plug is not wetted by the spray.  In the embodiment of Fujieda’s Figure 2, the           
            cone of injected fuel from fuel injector 13 is narrow, and spark plug 14 is so located that       
            the gap is not within cone of sprayed fuel, albeit that the gap is vertically lower than the      
            fuel injector.  However, in the embodiment of claim 4, wherein the cone of injected fuel          
            is wide, the spark plug gap is positioned vertically above the cone of sprayed fuel, in the       
            same manner as in the appellants’ invention.  Thus, both embodiments avoid the                    
            problem of wetting the plug gap.                                                                  
                   From our perspective, one of ordinary skill in the art would have found it obvious,        
            in view of the explicit teachings of Fujieda quoted above taken with the showings of the          
            embodiments of Figures 2 and 4, to modify the Tsuchida ‘638 engine to locate the                  
            spark plug gap vertically above the fuel injector nozzle so that wetting the spark plug           
            with fuel from the injectors is avoided in order to prevent incomplete ignition of the fuel.      
            This being the case, it is our conclusion that the combined teachings of these two                
            references establish a prima facie case of obviousness with regard to the subject                 
            matter recited in claim 1, and we will sustain the rejection.                                     
                   The appellants’ argument that this teaching of Fujieda is inapplicable to the              
            situation at hand because it is disclosed in the context of an engine in which a pre-             
            combustion chamber is used is not persuasive because claim 1 contains no limitation               








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