Ex Parte Baker et al - Page 5


               Appeal 2007-0939                                                                             
               Application 10/931,274                                                                       
               the recited “second transmission block”).  See Kojima, col. 10, l. 67 through                
               col. 11, l. 11.  We further note that one of the inputs to “PHASE                            
               CORRECTION SETTING CONTROL UNIT 21b” (figs. 7 and 8) is the                                  
               electric angular velocity (ω r) that is the output of “ANGULAR VELOCITY                      
               COMPUTING UNIT 3” (fig. 7, col. 11, l. 22).                                                  
                      After carefully reviewing the evidence before us, we find the argued                  
               language of the claim (i.e., “feeding an ARCTAN function based on said                       
               frequency”) broadly but reasonably reads on Kojima’s disclosure where “in                    
               addition to the drive frequency (ω 1) the actual electric angular velocity                   
               (ω r) obtained in the angular velocity computing unit 3 can also be used as                  
               the rotational frequency (ω) of the rotary magnet type multi-phase                           
               synchronous motor 1 …” (col. 11, ll. 21-25, emphasis added).  Because we                     
               find that Kojima discloses all that is claimed, we will sustain the Examiner’s               
               rejection of representative claim 1 as being anticipated by Kojima.                          
                      Pursuant to 37 C.F.R. § 41.37(c)(1)(vii)(2004), we have decided the                   
               appeal with respect to independent claim 9 on the basis of the selected                      
               representative claim alone. Therefore, we will sustain the examiner’s                        
               rejection of independent claim 9 as being anticipated by Kojima for the same                 
               reasons discussed supra with respect to claim 1.                                             
                                             Claims 6 and 14                                                
                      We consider next the Examiner’s rejection of claims 6 and 14 as being                 
               anticipated by Kojima.                                                                       
                      Appellants argue that Kojima does not disclose a differentiator that                  
               differentiates an angle sensed by an angle position sensor to determine the                  
               frequency of operation of the motor, as claimed (Br. 5).                                     


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