Ex Parte Hirzel - Page 8

                   Appeal 2006-3366                                                                                                 
                   Application 10/864,041                                                                                           
                   recite any field of use more than a dynamoelectric machine.  Therefore,                                          
                   independent claim 1 is not limited in a specific context to the type, size or                                    
                   other facet of the motor/machine.  Here, Appellant generally contends that                                       
                   the entire range needs to be taught or suggested by the prior art.  We                                           
                   disagree with Appellant.                                                                                         
                           At the Oral Hearing, Appellant argued that there are three important                                     
                   features of the claimed invention.  First, the use of amorphous,                                                 
                   nanocrystaline, and flux enhancing Fe-material material in element (c);                                          
                   second, the transverse flux design of the motor in element (b); and third, the                                   
                   recited SPP ratio in element (d).  Appellant emphasized at the hearing that                                      
                   each of the three references teach one of the three features, but none of the                                    
                   teachings teach or suggest all of the three features.  Additionally, we note                                     
                   that Appellant’s main contention in the Brief and Reply Brief is that the                                        
                   Examiner has not made a proper showing for a prima facie case of                                                 
                   obviousness and that it would not have been obvious to one skilled in the art                                    
                   at the time of the invention to combine the teachings as the Examiner                                            
                   proposes since Hendershot teaches away from such a combination1 (Br. 20-                                         
                   21).  We cannot agree with Appellant’s unsupported proposition.                                                  
                           From our review of the teachings of Hendershot, Fan, and                                                 
                   DeCristofaro, we find no express “teaching away” from the combination in                                         
                   those express teachings.  Additionally, an artisan is not compelled to blindly                                   
                   follow the teaching of one prior art reference over the other without the                                        
                                                                                                                                    
                   1   Additionally, we note that Appellant questions the Examiner’s brief                                          
                   discussion/mention of magnets and yokes of Maslov to optimize the                                                
                   magnetic flux in the Answer at page 5, but Appellant does not view the                                           
                   rejection as containing Maslov (Br. 19-20).  We agree with Appellant that                                        
                   the rejection is based only upon the three enumerated references in the                                          
                   statement of the grounds of rejection.                                                                           

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