Appeal No. 2003-0725
Application 09/629,978
an assistance-restricting unit which restricts the
assistance of the output of the engine by said motor when
the remaining quantity detector detects that the remaining
quantity of the fuel is under the fixed value.
The examiner relies on the following references:
Koga et al. (Koga) 5,670,830 September 23, 1997
Yano et al. (Yano) 5,978,719 November 2, 1999
(filed March 27, 1997)
Lipinski et al. (Lipinski) 6,125,625 October 3, 2000
(filed December 20, 1997)
Claims 1-6, 13-18, and 23-26 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Koga.
Claims 7-12 and 19-22 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Koga and Yano.
Claim 27 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Koga and Lipinski.
The rejections under 35 U.S.C. § 112, first and second
paragraphs, in the first final rejection (Paper No. 7) have
apparently been withdrawn because they are not repeated in the
second final rejection (Paper No. 13) or the examiner's answer
(Paper No. 15).
We refer to the examiner's answer (Paper No. 15) (pages
referred to as "EA__") for a statement of the examiner's
rejection, and to the appeal brief (Paper No. 12) (pages referred
to as "Br__"), supplemental appeal brief (Paper No. 14) (filed
after the examiner's second final rejection), and reply brief
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