Appeal Number: 2006-3046
Application Number: 10/130,596
(Br. 11-13).
Basically, the appellants argue that Yamaguchi provides no suggestion as to
how such a circuit board would be positioned on an engine and the examiner has
used hindsight to argue positioning such a circuit board in the same manner as in
the claimed subject matter.
The examiner responds
The examiner respectfully disagrees. Yamaguchi et al. show in Figure
1: a drive unit casing (10) and control circuit (51) mounted to the
drive unit casing. The control circuit is disposed in a plane that is
perpendicular to an output shaft axis (SH1 see Yamaguchi et al. Col.
3, lines 52-67) of an engine (11). Yamaguchi et al. further provide
teachings for the electronic circuit's placement relative to the engine in
Col. 7, lines 17- 20, where Yamaguchi et al. state that the lead wires
(LMU, LMV LMW, LGU, LGV and LGW) for the electronic circuit (their
position is shown relative to the electronic circuit in Figure 1) are
connected at axial ends of the casing (10) that is connected that the
engine (11) -see especially Col. 7, lines 20-21).
As disclosed above (Grounds of Rejection) Yamaguchi et al. shows an
engine, but does not show if the engine's cylinders' axes are included
in a common plane. Cylinder axes included in a common plane are
well known in the vehicle art. It would have been obvious to one
having ordinary skill in the art at the time of invention to use an
engine included in a common plane. One having ordinary skill in the
art would provide this common plane in the same plane as the cross
section of the drive unit casing (10) shown by Yamaguchi et al. in
Figure 1. This would yield a compact drive structure, which one
having ordinary skill in the art would utilize to reduce the size of the
engine compartment required thereby reducing costs.
In response to appellant's arguments, beginning second full paragraph
of page 12, that the examiner's conclusion of obviousness is based
upon improper hindsight reasoning, it must be recognized that any
judgment on obviousness is in a sense necessarily a reconstruction
based upon hindsight reasoning. But so long as it takes into account
only knowledge which was within the level of ordinary skill at the
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