Ex Parte Pfalzgraf - Page 2




              Appeal No. 2002-2329                                                                Page 2                
              Application No. 09/647,815                                                                                


                                                   BACKGROUND                                                           
                     The appellant's invention relates to a method of operating an internal combustion                  
              engine.  An understanding of the invention can be derived from a reading of exemplary                     
              claim 1, which has ben reproduced below.                                                                  
                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Nakase et al. (Nakase)                    4,199,938                   Apr.  29, 1980                      
              Takeshima et al. (Takeshima)              5,473,890                   Dec. 12, 1995                       
              Sultan                                    5,706,652                   Jan.  13, 1998                      
              Cullen et al. (Cullen)                    5,722,236                   Mar.    3, 1998                     
              Deeba et al. (Deeba)                      6,105,365                   Aug.  22, 2000                      
                     The following rejections stand under 35 U.S.C. § 103(a):                                           
              (1) Claims 1, 2, 10 and 14 on the basis of Cullen in view of Takeshima.                                   
              (2) Claims 3, 4 and 6 on the basis of Cullen in view of Takeshima and Sultan.                             
              (3) Claim 5 on the basis of Cullen in view of Takeshima, Sultan and “design choice.”                      
              (4) Claims 7 and 8 on the basis of Cullen in view of Takeshima, Sultan and “design                        
              choice.”                                                                                                  
              (5) Claim 9 on the basis of Cullen in view of Takeshima, Sultan and Deeba.                                
              (6) Claims 11 and 12 on the basis of Cullen in view of Takeshima and Nakase.                              
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellant regarding the above-noted rejections, we make reference to the Answer                       
              (Paper No. 16) for the examiner's complete reasoning in support of the rejections, and                    








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