Ex parte NEUENSCHWANDER - Page 3




          Appeal No. 96-4104                                                          
          Application 08/262,231                                                      


               It would have been obvious to one skilled in the art                   
               at the time of the invention to modify the                             
               Neuenschwander process to include forming spacing                      
               means, stacking the lamina such that they are                          
               spaced, annealing the stack, and then axially                          
               compressing the annealed stack in order to realize                     
               the advantages of “electrically ungraded” core                         
               laminas as discussed in the Diederichs reference.                      
               Similarly, one skilled in the art, having decided to                   
               so modify the Neuenschwander method, would have                        
               found it obvious to modify the Neuenschwander Figure                   
               3 apparatus with an additional punch(es) to create                     
               the spacing means structure of Diederichs.  Having                     
               provided such means for forming spacing means,                         
               normal 180 degree rotation of alternate lamina as                      
               disclosed would achieve the claimed function, i.e.,                    
               spaced laminas.                                                        
               After fully considering the record in light of the                     
          arguments presented in the appellant’s brief and the                        
          examiner’s answer, we conclude that the rejection should not                
          be sustained.                                                               
               In the first place, we disagree with the examiner that                 
          “normal 180 degree rotation of alternate lamina [of                         
          Neuenschwander, modified to provide spacing means as disclosed              
          by Diederichs at 13-17 and 23-27 [sic:  23, 24 and 26-28],]                 
          would achieve the claimed function, i.e., spaced laminas”                   
          (answer, page 4).  As appellant points out on page 8 of the                 
          brief, if the lamina shown in Diederichs Figure 1 were rotated              
          180E, the spacing means would nest and not separate the                     


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