Appeal 2006-3055
Application 10/440,124
engages a groove 112 on the camshaft 72 thereby retaining the camshaft and
maintaining it in position (Lambert, col. 8, ll. 36-37).
Smith discloses a camshaft 10 that is retained in the engine block by means
of a retaining plate (thrust plate 28), which is secured to the engine block by bolts
30 (Smith, col. 2, ll. 35-36). As shown in Figure 1 of Smith, the retaining plate 28
has an indentation cut out of the plate in the form of a notch. The notch appears to
engage a groove machined on camshaft 10, when the retaining plate and camshaft
are assembled.
The retaining plates of Lambert and Smith are both provided to maintain a
camshaft in position within an engine block. The Examiner should determine
whether it would have been obvious to one having ordinary skill in the art at the
time the invention was made to have modified the retaining plate of Lambert with
the notch of Smith to engage the camshaft. The Examiner should also determine
whether it would have been obvious to one having ordinary skill in the art at the
time the invention was made to have modified the engine of Lambert to have two
camshafts and to have further modified the retaining plate of Lambert, as modified
by the notches of Smith, to have two corresponding notches.
We remand this application to the Examiner pursuant to 37 C.F.R.
§ 41.50(a)(1) for further consideration. Accordingly, 37 C.F.R. § 41.50(a)(2)
applies if a supplemental Examiner’s Answer is written in response to this remand
by the Board. Whenever a decision of the Board includes a remand, that decision
shall not be considered final for judicial review. When appropriate, upon
conclusion of proceedings on remand before the examiner, the Board may enter an
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