Ex Parte Chen et al - Page 8



            Appeal 2007-0571                                                                                
            Application 10/277,004                                                                          
            through a fluid conduit 114 to the flow control valve 68, which directs the air into a          
            Y-conduit 124 in communication with first and second exhaust manifolds 14, 16                   
            (Bailey, col. 5, ll. 38 - col. 6, l. 3).  As such, in the system of Bailey, backflow            
            from one exhaust manifold can enter another exhaust manifold because there are                  
            no check valves in the Y-conduit 124.  Further, when the directional flow control               
            valve 68 is open to discharge port 92, a portion of the flow from the conduit 60 is             
            bled from the conduit 60 and fed back to exhaust manifolds 14 and 16.  Thus,                    
            Bailey does not disclose a method of inhibiting all backflow from entering the first            
            divided exhaust manifold and the second divided exhaust manifold when the boost                 
            pressure is higher than exhaust pressure at one or more of the exhaust manifolds.               
            Rather, Bailey purposely directs some backflow to the exhaust manifolds.                        
                   Sumser discloses an internal combustion engine 1 including an exhaust                    
            turbocharger 2 and an exhaust-gas recirculation device 9 (Sumser, Abstract).                    
            Sumser discloses that the internal combustion engine 1 has banks of cylinders 1a,               
            1b and exhaust gases from the cylinders of each bank are discharged into two                    
            independent exhaust lines 4a and 4b and fed to the exhaust turbine 3 of the                     
            turbocharger 2 (Sumser, col. 3, l. 66 – col. 4, l. 3, Figure 1).                                
                   Faletti discloses an exhaust gas recirculation system 50 having fluid lines 52           
            and 54 from exhaust manifolds 18 and 20, respectively.  Faletti teaches that flows              
            from fluid lines 52 and 54 are combined in a single EGR fluid line 60 having an                 
            EGR cooler 62 therein (Faletti, col. 3, ll. 54-61 and Figure).  As such, Faletti                
            teaches that it was well known at the time of the invention to put an EGR cooler in             
            a combined EGR path from two separate EGR paths.                                                

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