Appeal No. 2005-0245 Page 2
Application No. 09/848,032
INTRODUCTION
The claims are rejected under 35 U.S.C. § 103(a). As evidence of unpatentability, the
Examiner relies upon the following prior art references:
Gopp et al. (Gopp) 5,555,871 Sep. 17, 1996
Kitada et al. (Kitada)1 JP 6-48,189 Feb.
22,
1994
The specific rejection maintained by the Examiner is as follows:
Claims 15-18 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Kitada
in view of Gopp.
Appellant states that all the claims stand or fall together (Brief, p. 3). We select claim 15
to represent the issues on appeal. Claim 15 reads as follows:
15. A hybird electric vehicle (HEV) comprising:
an internal combustion engine;
an electric traction motor;
a storage battery for furnishing power to the traction motor;
an engine temperature sensor;
a battery state of charge indicator;
a vehicle system controller (VSC) for receiving a temperature signal from the engine
temperature sensor and a state of charge signal from the battery state of charge
indicator;
and
an engine control unit operated by the VSC, with the engine control unit being
directed to operate the engine in a fail-safe mode in the event that the engine
temperature exceeds a predetermined temperature threshold, with said engine
1We rely upon and cite to the English translation of record.
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