Ex Parte Kondo - Page 6



            Appeal No. 2006-1815                                                                            
            Application No. 10/178,767                                                                      

            between the washer and the washer chamber of his assembly that would permit                     
            movement of the washer within the washer chamber following revolution of the                    
            cam mechanism1  and does not otherwise discuss or address in any way the                        
            problem of washer movement and wear addressed by appellant’s disclosure, we see                 
            no reason to provide such a gap and/or to add two angularly spaced pins to the                  
            washers of Shinohara’s pump assembly. Moreover, since Higginbotham does not                     
            relate to an assembly in any way corresponding to the fuel injection pump of                    
            Shinohara and does not teach or suggest that there is any problem or deficiency in              
            Shinohara, we see no reason why one of ordinary skill in the art would have been                
            motivated by Higginbotham to modify Shinohara.                                                  

            Since we have determined that the teachings and suggestions found in                            
            Shinohara and Higginbotham would not have made the subject matter as a whole                    
            of independent claim 1 on appeal obvious to one of ordinary skill in the art at the             
                                                                                                           
                   1 In that regard, we note that the thrust washers of Shinohara pointed to by the examiner
            in Figures 1 and 2 of that patent appear to be the same as those seen in appellant’s application
            Figures 6(a) and 6(b), wherein the thrust washer (90) is polygonal in external shape and engages
            the walls of a similarly shaped washer chamber (37) in such a way that relative motion between  
            washer (90) and the cam cover (30) is avoided. Note particularly, page 12 of appellant’s        
            specification where that embodiment is described.                                               







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