Ex parte NYSTROM - Page 12




          Appeal No. 95-1844                                                             
          Application 07/822,063                                                         


          recognized the obviousness of applying the Markuson shut down                  
          signal to other motors such as the Béjot motor.                                
          Although we agree with the examiner that claim 1                               
          recites nothing about the instantaneous indication of power                    
          and such a property is not inherent in the claim language as                   
          argued by appellant, we also agree with the examiner that the                  
          measurement of power in the applied references is sufficiently                 
          instantaneous  to meet the recitations of the claims in any                    
          case.  Therefore, we sustain the rejection of claims 1, 6 and                  
          18-22.                                                                         
                         3. The rejection of claims 2, 3 and 7                          
                          as unpatentable over Béjot, Markuson                           
                          and Lehrmann.                                                  
          These claims stand or fall together [brief, page 6].                           
          Lehrmann is added to the previous combination to show that it                  
          was known to use a Hall device to perform the multiplication                   
          of current and voltage to derive a power output.  Appellant                    
          relies on the arguments presented in support of the                            
          patentability of claim 1 to support the patentability of this                  
          group of claims [brief, pages 17-18].  Since we determined                     
          above that the arguments with respect to claim 1 were not                      


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