Ex parte ERDMAN et al. - Page 10




          Appeal No. 1997-0397                                                        
          Application 07/863,900                                                      

          been appreciated that the circuit could be applied to drive any             
          brushless DC motor.                                                         
               It is argued that Sato does not suggest the use of a capacitor         
          (Br9).                                                                      
               Since Gerfast is relied on for the capacitor, this argument is         
          unpersuasive.  One cannot show nonobviousness by attacking the              
          references individually where the rejection is based on a combination       
          of references.  In re Keller, 642 F.2d 413, 426, 208 USPQ 871, 882          
          (CCPA 1981).                                                                
               Appellants argue that Gerfast uses a current-limiting capacitor        
          that matches the load to operate a DC motor from household AC, which        
          "is very different from the invention of claim 66 that is directed to       
          a combination of a motor and control, and which points out that when        
          the specified capacitor's value is within a predetermined range, a          
          given motor hardware is operable within a range of power outputs"           
          (Br11).  It is argued that the motor hardware (rotor parameters,            
          stator core stack height, wire diameter, winding turn count, etc.) in       
          Sato and Gerfast would have to be designed to deliver a proper torque       
          at a speed necessary for proper operation, whereas the present              
          invention only requires the selection and use of a particular value         
          of capacitor (Br11-15).                                                     

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