Ex Parte Matsubara et al - Page 4




          Appeal No. 2003-0725                                                        
          Application 09/629,978                                                      

          (Paper No. 16) (pages referred to as "RBr__") for a statement of            
          appellants' arguments thereagainst.                                         
                                       OPINION                                        
               Appellants argue claims 1 and 19 as representative of two              
          groups.  Since claim 19 contains the limitations of claim 1 plus            
          additional limitations, it is sufficient to discuss claim 1.                
               Koga describes a hybrid electric car propelled by a battery-           
          powered motor.  Most of Koga describes a series hybrid electric             
          car (Fig. 1) where the electric motor drives the wheels (i.e.,              
          provides propulsive power for the vehicle) and the engine charges           
          the battery and assists the motor by driving a generator.  This             
          serial embodiment does not fit the claim recitation that the                
          engine outputs propulsive power for the vehicle and is assisted             
          by a motor.  However, Koga states that the invention may be                 
          applied to a parallel hybrid electric car as shown in Fig. 11               
          with certain modifications (col. 19, lines 1-18).  In a parallel            
          hybrid electric car, although the motor is primarily responsible            
          for providing the propulsive power and is assisted by the engine            
          (col. 1, lines 20-34), it could be considered that the engine is            
          assisted by the motor, so our analysis must go further.  In                 
          either the serial or parallel vehicle, the engine is operated               
          only as an auxiliary, so that the hybrid electric cars in Koga              
          are supposed to be driven only by operating their electric motor            
          without relying on the internal combustion engine, in order to              

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