Ex Parte Kurita et al - Page 8



          Appeal No. 2006-0554                                                        
          Application 10/065,541                                                      

                    Because of this alternative approach, the examiner’s              
          analysis clearly indicates that as to Shiga alone, this reference           
          teaches one of the alternative features at the end of claim 1 on            
          appeal.  Known problems according to the prior art in figures 5             
          and 6 of Shiga relative to vibrating conditions being excessive             
          is noted by the examiner at the top of column 2 as being solved             
          by rigidifying the outer housing arrangement.  This approach is             
          further exemplified according to the outer housing designed in              
          Shiga’s first embodiment of figure 1 and second embodiment in               
          figure 3 where the tubular yoke/outer housing has been rigidified           
          by the concave portions 4 in addition to the longitudinal through           
          bolts 3 as applied to the vehicle starter motor 100 in figure 4.            
                    As further applied to claim 1, this claim only requires           
          the reduced vibration after discontinuation of electrical power             
          by rigidifying the outer housing of the motor.  This alternative            
          requirement is met by Shiga simply because there is no require-             
          ment that cogging torque itself be reduced according to the                 
          alternative language at the end of claim 1 on appeal.  The                  
          artisan would readily recognize that the more rigid housing of              
          the starter motor does not lose its rigidity when electric power            
          is not applied to the starter motor itself.                                 

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