Ex parte AOYAMA et al. - Page 6




          Appeal No. 97-1017                                                          
          Application No. 08/391,421                                                  


          led one of ordinary skill in the art to combine them in the                 
          manner proposed by the examiner.                                            
               It is our conclusion that the combined teachings of                    
          Mitobe and Miyano fail to establish a prima facie case of                   
          obviousness with regard to the subject matter of claim 1, and               
          we will not sustain the rejection of claim 1 or, it follows,                
          of claims 2-7 and 13-15, which are dependent therefrom.                     
               Independent claim 19 recites an induction control system               
          whose basic components are like that of claim 1, but omits the              
          requirement for a single fuel injector and adds                             
               said intake passage means including a common section                   
               upstream of said first and second outlet sections                      
               and which is served by first and second inlet                          
               sections tuned to provide tuning efficiency at a                       
               different engine running condition and further                         
               including a second throttle valve for controlling                      
               the effective tuning of the intake passage means.                      
          Here, it is the examiner’s position that it would have been                 
          obvious to one of ordinary skill in the art to add such tuned               
          inlet sections to the Mitobe system in view of the teachings                
          of Miyano.                                                                  
               Like the claimed invention, Mitobe has an intake passage               
          means comprising first and second outlet sections divided by a              
          wall, with a throttle valve in one section and a flow control               
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