Ex parte SUZUKI et al. - Page 11




             Appeal No. 1999-2087                                                                                 
             Application No. 08/595,449                                                                           


             obvious to one of ordinary skill in the art at the time of the                                       
             appellants’ invention.                                                                               
                    With respect to claim 3, the appellants argue that the                                        
             combination of Murphy and JA 60-7995 fails to teach or suggest                                       
             that “the electric motor has an output shaft extending at an                                         
             inclined angle to both a vertical plane and horizontal [sic,                                         
             plane] and extending in an upward direction from the crank                                           
             axis and forwardly therefrom for driving the transmission.”                                          
             In support of this argument, the appellants describe the shaft                                       
             12 of Murphy (see Fig. 1) as “the electric motor output shaft”                                       
             and point out that shaft 12 is not perpendicular to the axis                                         
             of the crankshaft.                                                                                   
                    The appellants’ argument is not well taken.  While it is                                      
             true that Murphy refers to the shaft 12 as the motor shaft                                           
             (e.g., see col. 3, l. 38), it is clear upon consideration of                                         
             Murphy’s entire disclosure that the shaft 12 is actually the                                         
             output shaft from the gearbox of the motor 10.  See col. 3, l.                                       
             39.  In essence, the shaft 12 corresponds to the appellants’                                         
             disclosed drive pinion 77, i.e., the shaft 12 is the output                                          
             shaft of the transmission or gearbox.  Thus, we agree with the                                       
             examiner’s analysis of Murphy, which is that Murphy inherently                                       
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