Ex Parte Shiino et al - Page 7



          Appeal No. 2004-1013                                                        
          Application No. 09/985,553                                                  

          disclosure to the effect that the amount of fuel and exhaust gases          
          provided to the plasma reactor may be determined in accordance with         
          certain undefined “other variables” (column 10, line 18) and                
          “engine conditions (mapped or sensed)” (column 13, lines 43-44) is          
          insufficient to establish that one skilled in the art would readily         
          understand that Balko envisions and provides for an embodiment              
          where an air/fuel ratio of the engine is used to control the plasma         
          reactor, as the examiner appears to urge.                                   
               As to the Oshima reference additionally relied upon by the             
          examiner in the rejection of claims 1, 12, and 13, the examiner             
          does not rely on this reference for a teaching of controlling a             
          reformer in accordance with an air/fuel ratio of an internal                
          combustion engine.1  Rather, the examiner relies on Oshima solely           
          for its teaching of a reformer that produces a reducing gas                 
          containing at least hydrogen.  Accordingly, even if we were to              
          agree with the examiner that it would have been obvious to one of           
          ordinary skill in the art in view of the combined teachings of              
          Balko and Oshima to have utilized a reformer in Balko that produces         

               1Based on Oshima’s statement at column 1, lines 9-16, that             
          the invention thereof relates to an exhaust gas purification                
          system capable of reducing NOx included in exhaust gas from an              
          internal combustion engine independently of an operating air/fuel           
          ratio, it would appear doubtful that Oshima contains any such               
          teaching.                                                                   
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