Ex parte HERMANNS et al. - Page 7




          Appeal No. 97-1144                                                          
          Application 08/326,608                                                      



          to receive and retain thereon or therein the stator of a motor.             
          Accordingly, even if the Prodi and Nel references are combined              


          as proposed in the rejection, the claimed invention would not               
          result.  As a final note, we point out that a review of the                 
          O’Brien patent reveals to us that this reference does not                   
          overcome the deficiency of the Prodi and Nel documents.                     


                    In summary, this panel of the board has reversed the              
          respective rejections of appellants’ claims 7 through 13 and                
          claim 4 under 35 U.S.C. § 103.                                              


                    The decision of the examiner is reversed.                         


                                      REVERSED                                        




                         IAN A. CALVERT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF PATENT            
                         IRWIN CHARLES COHEN          )     APPEALS AND               
                         Administrative Patent Judge  )    INTERFERENCES              
                                                       )                              
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