Appeal Number: 2006-1770
Application Number: 10/271,236
1. A method comprising the steps of:
detecting an idle condition for an engine; and
based on engine speed and load, inducing air to bypass an intercooler for the engine and
preventing air from entering the intercooler such that air is input to an intake manifold of
the engine through an intercooler bypass that excludes the intercooler.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Jenny 4,513,571 Apr. 30, 1985
Nakao 4,716,734 Jan. 05, 1988
Claims 10, 19, 20, and 23 stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite.
Claims 1 through 5, 8 through 11, 13, 20, 22, and 23 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Nakao.
Claim 12 stands rejected under 35 U.S.C. § 103 as being unpatentable over Nakao
in view of Jenny.
Reference is made to the Examiner's Answer (mailed August 26, 2005) for the
examiner's complete reasoning in support of the rejections, and to appellant's Brief (filed
June 30, 2005) and Reply Brief (filed October 31, 2005) for appellant's arguments
thereagainst.
OPINION
We have carefully considered the claims, the applied prior art references, and the
respective positions articulated by appellant and the examiner. As a consequence of our
review, we will reverse the indefiniteness rejection of claims 10, 19, 20, and 23, the
anticipation rejection of claims 1 through 5, 8 through 11, 13, 20, 22, and 23, and the
obviousness rejection of claim 12.
With regard to the rejection under 35 U.S.C. § 112, second paragraph, the
examiner asserts (Answer, page 3) that in claims 10, 19, 20, and 23, it is unclear whether
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