Appeal No. 2004-0058
Application No. 09/728,518
been started. There is no basis from the disclosure of Field to conclude that the engine
speed that occurs immediately after Field's engine has been started is below the
resonance speed of the drivetrain of the vehicle. Accordingly, claim 8 is not anticipated
by Field.
With respect to the step of increasing the speed of operation of the engine as
rapidly as predetermined operating efficiency parameters permit (claim 3), the
examiner's belief (answer, pp. 5-6) that Field's servo speed control 50 and process
controller 52 will work as efficiently as possible and would not be programmed to be
"inefficient" is pure speculation unsupported by any disclosure in Field. There is no
basis from the disclosure of Field to conclude that the speed of operation of the engine
is increased as rapidly as predetermined operating efficiency parameters permit.
Accordingly, claim 3 is not anticipated by Field.
For the reasons set forth above, the decision of the examiner to reject claims 3
and 8, and claims 4 to 7 dependent thereon, under 35 U.S.C. § 102(b) is reversed.
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