Appeal No. 1997-0397
Application 07/863,900
of Appellants' arguments suggest that the motor hardware in Sato and
Gerfast must be redesigned to operate with different power outputs,
Appellants never come out and directly state that the motors of Sato
and Gerfast will not inherently operate over a range of power
outputs. At the oral hearing, we asked whether it was Appellants'
position that this property was not inherent in Sato, but did not get
a clear answer. If it is Appellants' position that the motor
hardware in Sato and Gerfast is not inherently capable of being
operable over a range of power outputs with said range being
determinable by the capacitance of a capacitor as shown in Gerfast,
then some factual evidence is required. Mere arguments of counsel
are not persuasive.
In any case, Gerfast discloses, regarding the selection of a
capacitor (col. 2, lines 35-40):
The size of the current-limiting capacitor should be
selected to match the load, a larger capacitor being necessary
to supply a larger current. If the capacitor were too small,
the voltage and current supplied to the appliance would be
insufficient to drive it efficiently; if too large, the
appliance might be damaged.
The fact that the efficiency (the ratio of useful power output to the
total power input) changes with the capacitor suggests that the power
output changes with the input current supplied by the capacitor for a
fixed motor hardware. One of ordinary skill in the brushless DC
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