Ex parte SHINJI NAKATANI - Page 8




          Appeal No. 1996-3276                                                        
          Application 07/978,518                                                      


          pulses for a time interval in both Ihara and Matsuura.                      
          However, the two references are counting pulses for entirely                
          different purposes.  The Examiner introduces the teachings of               
          APA to bridge the gap between Ihara and Matsuura.  We note                  
          that APA does disclose the J1850 protocol which is a                        
          recognized standard for communicating data signals among                    
          various devices in an automotive environment.  However, we                  
          find nothing in APA which would have led an artisan to combine              
          the teachings of Ihara and Matsuura, each one of which is                   
          directed to solving a different problem.  Thus, the suggested               
          combination is tantamount to a reconstruction of the claimed                
          invention by picking references from diverse arts and using                 
          Appellant’s invention as a blue print to make the combination.              
          That is impermissible as discussed above.  Even if the                      
          combination of Ihara, Matsuura and APA were considered proper,              
          it still does not meet the limitations of claim 1.  For                     
          example, the combination does not meet the limitation “idle                 
          time... T .” (cl .1), notwithstanding the Examiner’s                        
                   MIN                                                                
          contention.  Therefore, we do not sustain the obviousness                   
          rejection of claim 1 over Ihara, Matsuura and APA.                          


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