Ex parte NISHIMURA et al. - Page 2




                 Appeal No. 1997-0736                                                                                                                   
                 Application No. 08/384,916                                                                                                             

                 compression internal combustion engine.  A basic understanding                                                                         
                 of the invention can be derived from a reading of exemplary                                                                            
                 claim 1, a copy of which appears in the APPENDIX to the main                                                                           
                 brief (Paper No. 12).                                                                                                                  

                          As evidence of obviousness, the examiner has applied the                                                                      
                 documents listed below:1                                                                                                               

                 Morikawa                                     4,995,354                                             Feb. 26,                            
                 1991                                                                                                                                   
                 Takahashi                                             5,143,028                                             Sep.                       
                 1, 1992                                                                                                                                
                 Ito et al.                                   5,183,013                                             Feb.  2,                            
                 1993                                                                                                                                   
                 (Ito)                                                                                                                                  
                 Torigai et al.                                        5,207,190                                             May                        
                 4, 1993                                                                                                                                
                 (Torigai)                                                                                                                              
                 Tanaka                                       5,361,731                                             Nov.  8,                            
                 1994                                                                                                                                   
                                                                                         (filed Aug.  4, 1993)                                          
                          The following rejections are before us for review.2                                                                           



                          1The Ito and Torigai documents are new references,                                                                            
                 applied for the first time in new grounds of rejection in the                                                                          
                 main answer (Paper No. 13).                                                                                                            
                          2The listed rejections, the only rejections set forth in                                                                      
                 the main answer (Paper No. 13; pages 3 through 7), are                                                                                 
                 indicated to be new grounds of rejection.  While not stated by                                                                         
                 the examiner, these rejections obviously replace all of the                                                                            
                 rejections found in the final rejection (Paper No. 6).                                                                                 
                                                                           2                                                                            





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