Ex Parte Wulff et al - Page 7




             Appeal No. 2003-0079                                                            Page 7                
             Application No. 09/532,114                                                                            



             to gaseous fuel ratios ranged from 88%:12% to 69%:31 %, which is the broadest set of                  

             ranges recited in any of the examples.                                                                

                    Based upon the common definitions of the terms, and in view of the explanation                 

             of the invention provided in the appellants' specification, it is our opinion that the                

             "primary" fuel is the fuel that is provided in the greatest proportion during normal                  

             running of the engine and the "secondary" fuel is the fuel in the lesser proportion.In                  

             this regard, the appellants explain on page 12 of the specification that in order to                  

             achieve the invention's objectives of cooling the manifold and preventing early ignition              

             and knock of the primary fuel (acetylene), the secondary fuel (alcohol) comprises                     

             "approximately ten percent" of the total fuel charge.From our perspective, the                         

             designation of one fuel line as "primary" and the other as "secondary" cannot be                      

             ignored and must be considered as limitations in the claim, rather than as merely an                  

             intended use, because the primary fuel line is recited as being "for delivering acetylene             

             fuel" and thus must be capable of delivering acetylene, and the secondary fuel line is                

             "for delivering a fuel other than acetylene," and must be capable of performing this                  
             function.                                                                                             

                    In the Ikeda system, the liquid fuel comprises between 69% and 85% of the fuel                 

             charge to the engine, and therefore it clearly is the primary fuel, with the gaseous fuel             

             being secondary.  This being the case, in the Ikeda system the fuel lines are the                     








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