Ex Parte Wulff et al - Page 4




             Appeal No. 2003-0079                                                            Page 4                
             Application No. 09/532,114                                                                            



                   Claim 6 sets forth the invention in the following manner:                                       

                   6. An internal combustion system for use with a dual fuel source                                
                   comprised of a primary fuel stream comprised of an amount of acetylene                          
                   and a secondary fuel stream comprised of a fuel other than acetylene,                           
                   said internal combustion system comprising:                                                     

                          (a) a conduit having a first end and a second end, said first                            
                          end adapted for accepting an air source and said second                                  
                          end being affixed to a combustion engine;                                                

                          (b) a throttle valve disposed within said conduit between                                
                          said first end and said second end to regulate airflow                                   
                          through the conduit into said combustion engine;                                         

                          (c) a secondary fuel line received by said conduit between                               
                          said throttle valve and said second end for delivering a fuel                            
                          other than acetylene to be combined with said air source in                              
                          said conduit for subsequent combustion in said combustion                                
                          engine; and                                                                              

                          (d) a primary fuel line received by a fuel intake port of said                           
                          internal combustion system at a location downstream of said                              
                          throttle valve for delivering acetylene fuel directly into said                          
                          combustion engine for combustion.                                                        

                   We shall look first at the rejection of claim 6. In setting forth this rejection, the           

             examiner initially has taken the position that "[t]he mere recitation of primary and                  

             secondary with respect to fuels is deemed at best a method of operation and is                        

             unsupported by any structure," and that the ratio of fuels "is deemed a matter of choice              

             depend [sic] upon such clear factors as cost, mpg, availability, emissions" (Paper No.                

             18, page 2). Thus, the examiner has determined that the designation "primary" and                     









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