Ex parte HIRAOKA et al. - Page 7




          Appeal No. 1999-2444                                                        
          Application 08/842,088                                                      


          supporting member recited in claim 16.  Tsunoda’s oil                       
          drainage holes solve a problem specifically associated with                 
          crankshaft bearing components extending from a cylinder                     
          block.  Neither of the applied references indicates that                    
          such a problem exists with respect to crankshaft bearing                    
          components extending from a crankcase cover.  It is                         
          therefore apparent that the only suggestion for providing                   
          oil drainage holes or passages through the crankshaft                       
          bearing components extending from Fukuoka’s (or Tsunoda’s)                  
          crankcase cover, i.e., through a second crankshaft                          
          supporting member as recited in claim 16, stems from                        
          hindsight knowledge impermissibly derived from the                          
          appellants’ own disclosure.                                                 
               Accordingly, we shall not sustain the standing 35                      
          U.S.C. § 103(a) rejection of claim 16, or of claims 17 and                  
          20 which depend therefrom, as being unpatentable over                       
          Fukuoka in view of Tsunoda.                                                 
                                     SUMMARY                                          
               The decision of the examiner to reject claims 16, 17                   
          and 20 is reversed.                                                         
                                     REVERSED                                         

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