Ex Parte Akutsu et al - Page 4

                Appeal 2006-2965                                                                             
                Application 10/320,628                                                                       
                The Examiner contends that Ohshita teaches the claimed predetermined                         
                slack by using a longitudinal rod to form enough slack in the winding to                     
                prevent breakage in the windings due to changes in the temperature of the                    
                stator (Examiner’s Answer, 5,7).  The Examiner therefore concludes that it                   
                would have been obvious to one of ordinary skill in the art to combine                       
                AAPA with Ohshita to yield the claimed invention.                                            
                We affirm.                                                                                   


                                                  ISSUES                                                     
                      The pivotal issue in the appeal before us is as follows:                               
                Under 35 U.S.C. § 103 (a), would one of ordinary skill in the art at the time                
                of the present invention, have found the AAPA-Ohshita combination renders                    
                the claimed invention unpatentable when Ohshita teaches forming slack                        
                portions by removing from the windings a previously inserted rod member                      
                subsequently to joining the winding ends to the terminal pins?                               
                                           FINDINGS OF FACT                                                  
                      Appellants invented a rotation angle detector (10) for detecting a                     
                rotational position of a rotor in a dynamo electric machine. (Specification 1).              
                Particularly, the invention aims at providing a predetermined amount of                      
                slack in the wound portions (figure 6, element R1, R2; figure 8, element S1,                 

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