Appeal No. 2005-1407
Application No. 09/978,510
case by arguing unexpected results (see brief, page 8).
Specifically, appellants argue that the use of low emission fuels
in high pressure common rail fuel injected engines results in “a
smaller loss in power than one has come to expect in regard to
the use of such fuels in other types of diesel engines based on
the teachings of the literature” (emphasis omitted) (brief,
page 5). Appellants rely on the Automotive Fuels Handbook to
show that engine power decreases as fuel density decreases
(brief, page 5). Appellants assert that the data points in
Figure 11 of the Handbook show that the use of low density fuel
in other diesel engines results in a much greater loss in power
than the power loss experienced by a high pressure common rail
engine (brief, page 5). The power loss in appellants’ invention
is 0.24% per 0.01 g/ml decrease (brief, page 6), while the power
losses for the direct and indirect injection diesel engines in
Figure 1 range from 0.4% to 1.6% per 0.01 g/ml decrease.
We find the evidence presented by the appellants does not
overcome the prima facie case of obviousness for the following
reasons.
1
1 Figure 1 is reproduced from P. Heinz, Engine Performance and Emissions
With Future-Type Diesel Fuels, Institute of Mechanical Engineers International
Conference on Petroleum Based Fuels and Automotive Applications, Paper No.
C306/86 (1986).
5
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