Ex parte NISHIMURA et al. - Page 9




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

          conclusion of obviousness.  The combined Torigai and Ito                    
          teachings fail to provide a suggestion for a common actuator                
          actuating both of first and second exhaust control valves in                
          respective cylinder banks of a V-type engine.  Accordingly,                 
          this rejection of claim 5 must be reversed.                                 


               We reverse the rejection of claim 9 under 35 U.S.C. § 103              
          as being unpatentable over Tanaka in view of Ito and                        
          Takahashi.                                                                  




               Dependent claim 9 incorporates the subject matter of                   
          claims 1, 7, and 8.  Simply stated, the addition of the                     
          Takahashi disclosure does not overcome the noted deficiency of              
          the combined teachings of Tanaka and Ito as regards the                     
          content of claim 1. Therefore, the rejection of claim 9 must                
          be reversed.                                                                




               We reverse the rejection of claims 10, 11, 15, and 16                  
          under 35 U.S.C. § 103 as being unpatentable over Tanaka in                  

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