Ex Parte Gerlach - Page 9



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

          invention.  Specifically, claim 1 recites that the frequency                
          spectral result of the current ripples be “such that the                    
          determined frequency spectral result of the current ripples                 
          contained in the armature current signal is void of frequency               
          components which are superimposed on the armature current signal            
          as the interference” [emphasis added].  This recitation requires            
          that no trace of the interference be present in the resulting               
          signal representative of current ripples.  The result described             
          by Falk includes a residual interference component [column 3,               
          lines 43-44].  Although the examiner asserts that this residual             
          component is eliminated in the preferred embodiment of Falk,                
          there is no support for this position in Falk.  To the contrary,            
          the only operation disclosed by Falk is that an oscillation in              
          the control loop occurs between an undercompensation and an                 
          overcompensation.  Thus, Falk teaches, if anything, that the                
          resultant signal is not normally void of the interference.  Since           
          the claimed invention specifically recites the feature quoted               
          above, and since the examiner’s findings are not supported by the           
          applied prior art, the examiner’s findings fail to support a case           
          of obviousness.                                                             


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