Ex parte BARONOSKY et al. - Page 12




          Appeal No. 95-3194                                                          
          Application 08/020,232                                                      


          modified by any of the secondary reference teachings.  Appellants           
          respond that the rotational sensing structures of the applied               
          references are markedly different from the claimed stator sensor            
          pack and rotor sensor pack of claim 17 [brief, pages 12-13].  The           
          examiner reiterates that Shirakawa, Gaser and Sakurai generally             
          teach means for sensing the rotational position of a rotor with             
          respect to a stator [answer, page 6].                                       
          It is not entirely clear what is included within the                        
          terms “stator sensor pack” and “rotor sensor pack.”  The                    
          specification does not provide a specific definition of these               
          terms, but the specification does give a specific example of                
          these elements in the preferred embodiment of the invention.                
          However, details of the stator sensor pack and the rotor sensor             
          pack have been recited in claim 18, and the examiner has                    
          indicated that claim 18 contains allowable subject matter.  Thus,           
          we can conclude that the examiner has not read the preferred                
          embodiment into claim 17 which broadly recites a “stator sensor             
          pack” and a “rotor sensor pack.”  Since appellants submitted                
          separate claims directed to details of these two sensor packs, we           
          agree with the examiner that the sensor packs as broadly recited            
          in claim 17 should be interpreted broadly.  Such being the case,            
          we also agree with the examiner that the invention of claim 17              

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