Ex parte ERDMAN et al. - Page 11




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

               To the extent Appellants are arguing that the motors of Sato           
          and Gerfast are not inherently capable of operating within a range of       
          power outputs determinable by a capacitor, but must be physically           
          changed to operate at different power outputs, no evidence has been         
          provided to support this argument.  As discussed supra, we find that        
          Gerfast suggests changing the value of the capacitor to change the          
          power output to a fixed motor hardware.  Thus, this argument is not         
          persuasive.                                                                 
               Appellants argue (Br11-12):  "The power supply of Gerfast,             
          while perhaps performing a current limiting function, does not              
          'determine' the power output of the appliance's motor."  It is argued       
          (RBr3):  "Gerfast's capacitor at best merely limits the input current       
          supplied to the appliance but this has nothing to do with controlling       
          the output power of the appliance."                                         
               We disagree.  The value of the capacitor limits the current,           
          which limits ("determines") the power output of the motor.  Thus,           
          this argument is not persuasive.                                            
               Appellants argue that the results and advantages of the                
          structure recited in claim 66 cannot be ignored (Br12).  The                
          advantage of Appellants' combined motor and control is said to be           
          that the power output of a single defined motor hardware can be             

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