Ex Parte Gerlach - Page 5



          Appeal No. 2006-0871                                                        
          Application No. 10/678,799                                                  

          1048, 1052, 189 USPQ 143, 147 (CCPA 1976).  Only those arguments            
          actually made by appellant have been considered in this decision.           
          Arguments which appellant could have made but chose not to make             
          in the brief have not been considered and are deemed to be waived           
          [see 37 CFR § 41.37(c)(1)(vii)(2004)].                                      
               We consider first the rejection of claims 1-3, 6, 11-13 and            
          16 based on Matsumoto, Falk and Kane.  The examiner finds that              
          Matsumoto determines current ripples in an armature current                 
          signal, but Matsumoto does not include means for removing                   
          interference from the armature current signal using a voltage               
          signal that contains the interference.  The examiner cites Falk             
          as teaching a circuit for removing interference using a voltage             
          signal that contains the interference.  The examiner finds that             
          it would have been obvious to the artisan to modify Matsumoto to            
          include a means for removing interference as taught by Falk.  The           
          examiner notes that this combination still fails to teach                   
          performing the subtraction digitally using a Fourier transform.             
          The examiner cites Kane as teaching the determination of                    
          frequency spectral results using the Fourier transform.  The                
          examiner finds that it would have been obvious to the artisan to            
          modify the invention of Matsumoto and Falk to perform the                   

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