Ex parte GALE et al. - Page 10




          Appeal No. 1997-3237                                                        
          Application 08/266,081                                                      

               We note that Appellants’ claim 1 recites                               
               ... (a) operating said electric motor in a regeneration                
               mode at a first operating point; and                                   
               (b) operating said electric motor in a regeneration mode               
               at a second operating point of reduced efficiency with                 
               respect to said first operating point in response to a                 
               regeneration current generated by said electric motor                  
               (emphasis added).                                                      
               We find that claim 1 requires two distinct operating                   
          points while the motor is in regeneration mode, the second                  
          point being at a lower efficiency than the first.  We note                  
          that these operating points refer to how efficiently the motor              
          is generating current.  We further find that the claim recites              
          that the change in the operating point is in response to a                  
          regeneration current from the motor.  Therefore, the operating              
          point of the motor in its regeneration mode is changed to the               
          reduced efficiency point according to a specific condition of               
          the regeneration current.                                                   
               A rejection for anticipation under section 102 requires                
          that each and every limitation of the claimed invention be                  
          disclosed in a single prior art reference.  In re Paulsen, 30               
          F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994)                   
          (citing In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657                
          (Fed. Cir. 1990)).                                                          

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