Appeal No. 1997-0736
Application No. 08/384,916
would clearly have been suggestive of a separate control valve
and actuator element for each bank of a V-type engine to one
having ordinary skill in the art. However, akin to
appellants’ assessment (reply brief, page 2), we find that the
references themselves provide no evidence at all in support of
the examiner’s conclusion that it would have been obvious to
operate both valves simultaneously with gearing, presumably
using a single actuator element therefor. It is for this
reason that the rejection of claims 1, 3, 7, and 8 must be
reversed.
We reverse the rejection of claim 5 under 35 U.S.C. § 103
as being unpatentable over Torigai in view of Ito.
The Torigai patent teaches a V-type internal combustion
engine wherein the exhaust ports 68, 69 (Fig. 2) are seen to
be disposed furthest from the valley between the pair of
cylinder banks. The Ito document has been earlier discussed.
As was the circumstance discussed immediately above, we
conclude that the evidence simply does not support a
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