Ex Parte Chen et al - Page 11



            Appeal 2007-0571                                                                                
            Application 10/277,004                                                                          
                   Appellants further argue that Bailey’s system allows backflow to travel                  
            between its divided exhaust manifolds, and thus Bailey’s check valves are not                   
            positioned to prevent backflow from one divided exhaust manifold from entering                  
            the other, as set forth in claim 1 (Appeal Br. 10).  For the same reasons provided              
            above, we do not see where the language of claim 1 requires that the check valves               
            prevent all backflow from one divided exhaust manifold to the other.  Rather,                   
            claim 1 requires only check valves arranged and constructed to prevent backflow                 
            from one divided exhaust manifold to another.  Bailey’s check valves are                        
            positioned so that exhaust from one exhaust manifold can travel only one way from               
            the exhaust manifold to the EGR system and cannot travel as backflow to the other               
            exhaust manifold via the Y-pipe.  As such, Bailey’s system meets the limitations of             
            claim 1.  Appellants do not provide arguments for separately patentability of                   
            dependent claims 4-7, thus these claims fall with claim 1.  37 C.F.R.                           
            § 41.37(c)(1)(vii) (2006).                                                                      
                   Appellants further argue that Bailey fails to teach or suggest that when the             
            boost pressure is higher than exhaust pressure at one or more of the first divided              
            exhaust manifold and the second divided exhaust manifold, inhibiting all backflow               
            from entering the first divided exhaust manifold and the second divided exhaust                 
            manifold, as recited in claim 16 (Appeal Br. 11).  Claim 16, unlike claim 1,                    
            requires that the system inhibit “all backflow” from entering the exhaust                       
            manifolds.  As we found supra, Bailey’s system is designed specifically to allow                
            backflow to the exhaust manifolds, and as such, does not anticipate the subject                 
            matter of claim 16, and its dependent claims 17-19.                                             

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