Ex Parte Kato - Page 5




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


          by vertically spaced cylinders and vertically spaced fuel                   
          injectors.  Instead, Ozawa relates to a fuel delivery system for            
          what is understood to be a horizontally oriented V-type engine              
          which would not effect the air problem of concern to appellant.             
          In fact, the solution to the problem sought to be solved by Ozawa           
          has to do with insuring that fuel pressure does not vary from               
          cylinder to cylinder and/or from bank to bank so that all                   
          cylinders will receive the fuel at the same pressure (column 1,             
          lines 51 through 54).  In light of the above differences between            
          the applied references, it is our opinion that the Ozawa                    
          disclosure, assessed with the Kato teaching, would not have                 
          motivated one having ordinary skill in the art to modify the                
          outboard motor fuel injection system of Kato, as proposed by the            
          examiner.  It is for this reason that the obviousness rejection             
          cannot be sustained.                                                        












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