Ex Parte Kato - Page 4




          Appeal No. 2003-0460                                                        
          Application No. 09/783,428                                                  


               The examiner is of the opinion that the collective teachings           
          of Kato and Ozawa would have been suggestive of the fuel supply             
          system of claim 1.  In particular, the examiner determines that             
          it would have been obvious to one having ordinary skill in the              
          art to locate the fuel pump and fuel rails of Kato following the            
          teaching of Ozawa since this compact fuel distribution system was           
          known in the V-type engine art (final rejection, page 2).                   


               While we fully comprehend the examiner’s point of view, we             
          conclude that the claimed invention would not have been obvious             
          based upon the evidence before us.                                          


               Appellant seeks to solve an air problem present with a known           
          outboard motor incorporating a direct injection system                      
          (specification, pages 1 through 3).  The outboard motor of Kato             
          appears to be of the aforementioned prior art type, as                      
          acknowledged by appellant (main brief, page 3).  In seeking to              
          overcome the deficiency of the Kato teaching, vis-a-vis the                 
          content of claim 1, the examiner turns to the Ozawa patent.                 
          However, like appellant (main brief, page 4), we readily discern            
          that the Ozawa document does not address a fuel supply system for           
          supplying fuel to a direct injected outboard motor, characterized           

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