Ex parte ERDMAN et al. - Page 4




             Appeal No. 1998-0507                                                                                     
             Application No. 08/457,701                                                                               


             and claims 76-87 will stand or fall together with regard to the rejection over Morinaga,                 
             Gerfast and Müller.                                                                                      
                    Turning first to the rejection based on Sato, Kitajewski and Schaefer, we will not                
             sustain this rejection because we agree with appellants that Kitajewski is nonanalogous art              
             and is not properly combinable with Sato and Schaefer.                                                   
                    With regard to claims 21 and 22, the examiner contends that Sato discloses the                    
             claimed invention but for  pulsing the power to the Hall element and an enclosure                        
             surrounding the magnets.                                                                                 
                    The examiner employs Schaefer for a teaching of the enclosure and appellants do                   
             not dispute this use of Schaefer nor do they dispute the unobviousness of providing an                   
             enclosure so this is not an issue before us.                                                             
                    Appellants do dispute the examiner’s use of Kitajewski for a teaching of pulsing the              
             current to a Hall element.  The examiner contends that it would have been obvious to have                
             pulsed the power to the Hall effect device of Sato in order to reduce power consumption of               
             the device, as disclosed by Kitajewski.                                                                  
                    While the examiner never specifically indicates elements within Sato which                        
             correspond to the explicitly claimed elements, e.g., a Hall sensor, appellants apparently                






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