Ex Parte MORI et al - Page 9




            Appeal No. 2002-1853                                                          Page 9              
            Application No. 09/340,339                                                                        


            Tsuchida ‘038 has been applied for showing this feature, and it is the examiner’s                 
            position that it would have been obvious to additionally modify the engine of Tsuchida            
            ‘638 to have two spark plugs.  As shown in Figure 4 of Tsuchida ‘038, a pair of spark             
            plugs 75 flanks each fuel injector 66, and the examiner points out with reference to              
            column 5, lines 7 and 8, that this arrangement causes the fuel charge to be dispersed             
            toward the spark plug gaps “so as to ensure complete combustion.”  The only argument              
            made by the appellants with regard to this rejection is that the spark plugs in Tsuchida          
            ‘038 are located vertically below the fuel injector, and therefore the reference teaches          
            away from the claimed invention (Brief, page 5).  However, Tsuchida ‘038 was not cited            
            for teaching the claimed location of the spark plug gaps; as explained above, that                
            feature is taught by Fujieda.  We will sustain the rejection of claim 11.  Claim 12 having        
            been grouped with claim 11, its rejection also is sustained.                                      




                                               CONCLUSION                                                     
                   Both of the rejections are sustained.                                                      
                   The decision of the examiner is affirmed.                                                  













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