Appeal No. 2002-0816
Application No. 09/442,895 Page 5
mounted on shaft 28. Arcuately shaped permanent magnets 31 are
received in slots 32 formed in the periphery of the yoke. As
illustrated in figure 5, magnets 31 appear to be formed as sheets
around the periphery of the yoke. In addition, appellant’s
specification discloses magnetic detector ring 33, which includes
an annular, ring type magnet carrier 35. From the disclosure of
magnets 31 being arcuately shaped and formed in slots 32, the
depiction of the magnets 31 being in the form of sheets around
the periphery of the yoke, and appellant’s use of the term “type”
to refer to the annular shape of the detector ring, we find that
the phrase sheet “type” in referring to the shape of magnets 31
makes clear reference to magnets 31 in a manner consistent with
the specification. Accordingly, we find claim 6, and dependent
claims 7-9 and 11-14 to be definite within the meaning of 35
U.S.C. § 112, second paragraph. The rejection of claims 6-9 and
11-14 is therefore reversed.
We turn next to the rejection of claims 1, 2, 5, 10, and 15
under 35 U.S.C. § 103(a) as unpatentable over Shirakawa in view
of Knappe and Carrier.
In rejecting claims under 35 U.S.C. § 103, it is incumbent
upon the examiner to establish a factual basis to support the
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