Ex parte TAKAHATA et al. - Page 4

          Appeal No. 96-2202                                                          
          Application 08/117,088                                                      

               Baerman [sic, Baermann], and Japan (917) each teach the                
               magnetic bearing structure including the specific                      
               arrangement of rotor [sic] the permanent magnets.                      
               Bauman [sic] uses only permanent magnets, while Japan                  
               (917) uses an electromagnet on the stator in                           
               combination with the permanent rotor magnets.                          
               McMichael teaches providing a superconductor opposing                  
               permanent magnets to act as a bearing.  Use of a super                 
               conducts [sic] in lieu of either permanent or standard                 
               electromagnets has the advantage of increased capacity                 
               for the bearing.  For at least this reason it would                    
               have been obvious to one of ordinary skill in the art                  
               to provide Baerman [sic] or Japan (917) with a                         
               superconductive stator (Answer, page 3).                               
               Appellants respond with the argument that "the adjacent                
          permanent magnets of Baerman [sic] and Japan '917 directly abut             
          upon each other, instead of being spaced apart," and as a result            
          of this touching of the permanent magnets, the "magnetic fluxes             
          converge," and "[t]his makes it difficult for the fluxes to                 
          penetrate into the superconductors" (Brief, page 9).  We agree.             
          The plurality of annular magnets in Figures 1 through 5 of                  
          Baermann, and the plurality of annular magnets in Figures 2, 4              
          and 5 of Hanami (Japan '917) are not arranged on a disk at a                
          "spacing" radially of a rotary body as claimed.  On the other               
          hand, Figure 1 of McMichael discloses a superconductor bearing              
          device in which disk shaped stator 106 has a plurality of annular           
          permanent magnets 108 and 110 "arranged on the disk at a spacing            
          radially" of the body of the stator, and a superconductor 104               
          opposed to an end face of the stator, and axially spaced from the           

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