Ex parte ERDMAN et al. - Page 7




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


                    Since Kitajewski is from a nonanalogous art, it is not properly combinable with Sato              
             under 35 U.S.C. § 103.  Since Schaefer does not remedy the deficiency of Sato in “pulsing                
             energizing power supplied to said Hall device,” as claimed, we will not sustain                          
             the rejection of claims 21, 22 and 76-87 under 35 U.S.C. § 103 over Sato, Kitajewski and                 
             Schaefer.                                                                                                
                    We now turn to the rejection of claims 76-87 under 35 U.S.C. § 103 over Morinaga,                 
             Gerfast and Müller.                                                                                      
                    It is the examiner’s position that Morinaga discloses a brushless motor and control               
             circuit “essentially as claimed except for providing a capacitor in series with the input of the         
             rectifier and providing the Hall effect element such that it receives power from the rectifier”          
             [final rejection-page 3].  The examiner employs Gerfast for the teaching of a capacitor 28               
             in series with the input to a rectifier which can be utilized to provide power to the winding of         
             a brushless DC motor.  The examiner contends that it would have been obvious to provide                  
             a capacitor in series with the motor winding of Morinaga in order to control the amount of               
             current supplied to the motor, as disclosed by Gerfast.                                                  
                    As to the Hall effect device connected to receive power from the rectifier, the                   
             examiner relies on Müller for the teaching of the notoriety of connecting a Hall element                 






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