Ex parte DEPATIE et al. - Page 4




          Appeal No. 96-1425                                                          
          Application No. 08/133,492                                                  

          re Fritch.  Upon our own review of the references, we are                   
          unable to identify any prior art teaching suggesting the                    
          desirability of making the number of indicator areas equal to               
          a whole number multiple of the number of steps for one full                 
          revolution of a stepper motor rotor.  Therefore, the                        
          rejections will not be sustained.                                           
               Moreover, the examiner has improperly relied on the                    
          appellant’s own disclosure to support the “convenience”                     
          rationale.  Examiner’s Answer at 9, lines 5-7.                              
                                     CONCLUSION                                       
               The rejections of claims 1-17 are not sustained.                       
                                      REVERSED                                        





                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN C. MARTIN                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              

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