Appeal No. 1997-0736 Application No. 08/384,916 would clearly have been suggestive of a separate control valve and actuator element for each bank of a V-type engine to one having ordinary skill in the art. However, akin to appellants’ assessment (reply brief, page 2), we find that the references themselves provide no evidence at all in support of the examiner’s conclusion that it would have been obvious to operate both valves simultaneously with gearing, presumably using a single actuator element therefor. It is for this reason that the rejection of claims 1, 3, 7, and 8 must be reversed. We reverse the rejection of claim 5 under 35 U.S.C. § 103 as being unpatentable over Torigai in view of Ito. The Torigai patent teaches a V-type internal combustion engine wherein the exhaust ports 68, 69 (Fig. 2) are seen to be disposed furthest from the valley between the pair of cylinder banks. The Ito document has been earlier discussed. As was the circumstance discussed immediately above, we conclude that the evidence simply does not support a 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007