Ex parte NISHIMURA et al. - Page 10




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

          view of Ito, Takahashi, and Morikawa.                                       




               The teaching in the added Morikawa patent does not                     
          overcome the deficiencies of the other applied prior art as                 
          regards the subject matter of claim 1.  Thus, we are                        
          constrained to reverse the rejection of claims 10, 11, 15, and              
          16.                                                                         









                               REMAND TO THE EXAMINER                                 
               We remand this application to the examiner to consider                 
          the combined teachings of the Ozawa patent in view of the Ito               
          reference as to whether they would have been suggestive of                  
          substituting the alternative of a single rotary valve for the               
          plurality of rotary exhaust control valves in a respective                  
          cylinder bank of a V-type engine (the Ozawa teaching; column                
          2, lines 59 through 66, and Figs. 7 and 8, for example) in                  

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