Ex Parte YAMAGUCHI et al - Page 2



          Appeal No. 2001-1596                                                        
          Application 09/296,102                                                      

          2000 (Paper No. 7), in which the examiner rejected claims 1 to 14           
          as being unpatentable for failure to comply with 35 U.S.C. § 251.           
          Claim 15, the other claim in the application, was indicated as              
          being allowable if rewritten in independent form.                           
                                     Background                                       
               The patent contains 14 claims.  Claim 1, the only                      
          independent claim, reads (emphasis added):                                  
               1.  A hybrid vehicle powertrain, comprising:                           
          an internal combustion engine for driving an engine output shaft            
               and thereby generating mechanical energy;                              
          a generator for converting said mechanical energy into                      
               electricity;                                                           
          an electric motor driven by said electricity to output rotational           
               power at a motor output shaft;                                         
          a differential gear unit including at least three elements, the             
               first connecting to said generator, the second connecting to           
               a first gear and the third connecting to said internal                 
               combustion engine;                                                     
          a second gear connected to said motor output shaft; and                     
          a counter shaft connected to an output differential gear unit and           
               having mounted thereon a third gear meshing with the first             
               and second gears; and                                                  
          wherein said internal combustion engine, differential gear unit             
               and generator are aligned on a first axis, said electric               
               motor is aligned on a second axis parallel to the first                
               axis, said counter shaft is aligned on a third axis parallel           
               to the first and second axes, said output differential gear            
               unit is aligned on a fourth axis parallel to the first,                
               second and third axes, and the third axis is disposed inside           
               of a triangle defined by the first, second and fourth axes             
               viewed on end.                                                         

               A review of the file of the original application shows that            

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