Ex parte NISHIMURA et al. - Page 6




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

                 of engines, because of the difficulty in providing a simple                                                                            
                 mechanism which will ensure that the exhaust control valves                                                                            
                 for both cylinder banks can be operated from a single servo                                                                            
                 motor in synchronism with each other.4                                                                                                 


                          Independent claim 1 is drawn to a V-type two-cycle                                                                            
                 crankshaft compression internal combustion engine comprising,                                                                          
                 inter alia, first and second exhaust control valves each                                                                               
                 rotatably journaled in a respective one of the valve bores of                                                                          
                 a pair of cylinder banks, and a common actuator for actuating                                                                          
                 both of the first and second exhaust control valves                                                                                    
                 simultaneously.                                                                                                                        



                          4The inference that we draw from appellants’ background                                                                       
                 information is that, when the present invention was made, it                                                                           
                 was known to include exhaust control valves in both cylinder                                                                           
                 banks of, for example, a V-type multiple cylinder engine, but                                                                          
                 that it was difficult to apply these valves to such an engine                                                                          
                 by virtue of having to use a complicated mechanism to operate                                                                          
                 the valves in both banks, in synchronism, from a single servo                                                                          
                 motor.  Appellants have appended the patent to Ozawa to the                                                                            
                 main brief, a document of record in the application.                                                                                   
                 Consistent with the above inference derived from the                                                                                   
                 specification, the Ozawa patent seems to us to be fairly                                                                               
                 suggestive of a single servo motor for controlling  exhaust                                                                            
                 control valves in a V-type engine configuration.  We refer                                                                             
                 this document to the attention of the examiner in a remand,                                                                            
                 infra.                                                                                                                                 
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