Ex Parte Matsubara et al - Page 9




          Appeal No. 2003-0725                                                        
          Application 09/629,978                                                      

          examiner sees in the claims.  Claim 1 does define structurally              
          over the prior art to Koga.                                                 
               For the reasons stated above, we find that claim 1 is not              
          anticipated by Koga.  The anticipation rejection of claims 1-6,             
          13-18, and 23-26 is reversed.  Lipinski does not cure the                   
          deficiencies of Koga with respect to claim 1 and, thus, the                 
          obviousness rejection of claim 27 is reversed.  Claim 16 recites            
          the limitations of claim 1 plus detecting the quantity of fuel              
          remaining by the air-fuel ratio.  The added reference to Yano               
          does not cure the deficiencies of Koga as to the missing                    
          limitations of claims 1 and 16.  Accordingly, the obviousness               
          rejection of claims 7-12 and 19-22 is reversed.                             
                                     CONCLUSION                                       
               The rejections of claims 1-27 are reversed.                            
                                      REVERSED                                        





                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              

                                                       ))  BOARD OF PATENT            
                         MICHAEL R. FLEMING            )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )   INTERFERENCES              
                                                       )                              

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