Appeal No. 2004-0200
Application No. 09/908,709
Dessert discloses “a battery powered electric vehicle that
can be charged by all free energy sources, namely, the sun, the
wind, human muscles and momentum” (abstract). The vehicle has
two power modules having pedals similar to bicycle pedals for
driving generators to help recharge electric motor batteries or
for directly helping to drive the vehicle’s wheels (abstract;
col. 1, line 66 - col. 2, line 2; col. 3, lines 53-58; col. 4,
lines 39-42).
Deguchi discloses a hybrid vehicle having electric motors
and a heat engine (abstract).
The examiner argues that it would have been prima facie
obvious to one of ordinary skill in the art, in view of the
combined teachings of Dessert and Deguchi, to include a small,
lightweight internal combustion engine in Dessert’s vehicle to
provide means for recharging the batteries without pedaling, such
as on uphill terrain, and to increase the overall power of the
vehicle drive train (answer, pages 3-5).
The appellant argues that the use of an internal combustion
engine is not congruent with the purpose of Dessert’s vehicle
which is restricted to free energy sources (brief, pages 3-4).
Dessert discloses that the vehicle “can be charged by all free
energy sources” (abstract). In view of Deguchi, however, one of
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