Appeal No. 2002-0470
Application No. 08/612,211
35 U.S.C. § 103(a) as being unpatentable over Ichihara,
Nakashima, Hawkins or Toyoda in view of Koike.
Koike’s objective is “to provide a simulated sound generator
for producing simulated sounds for an electric vehicle which are
similar to sounds produced when gasoline-engine vehicles start,
run and are accelerated and decelerated, thereby to let the
driver and nearby pedestrians know operating conditions of the
electric vehicle” (column 1, lines 45-50). Even if we were to
agree with the examiner that Koike’s simulated sound generator
constitutes an “alarm” and that Koike’s teachings would have
suggested to one of ordinary skill in the art incorporating an
alarm in each of Ichihara, Nakashima, Hawkins and Toyoda, the
deficiencies of the primary references noted above would remain.
Therefore, the standing rejection of claims 4 and 5 under
35 U.S.C. § 103(a) also is not sustainable.
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